When reviewing a Section 10.7 Planning Certificate in New South Wales, Section 6 plays a critical role in identifying whether a property is subject to safety-related building orders. This section refers specifically to the presence of Affected Building Notices and Building Product Rectification Orders under the Building Products (Safety) Act 2017.

If you are buying, developing, or insuring a property, it’s essential to understand the implications of these notices.

What is an Affected Building Notice?

An Affected Building Notice is issued under Part 4 of the Building Products (Safety) Act 2017 when a building is found to contain a banned or unsafe building product—most commonly combustible cladding materials. The notice formally declares that the property is affected by a product that poses a fire or structural risk and requires further action or monitoring.

What is a Building Product Rectification Order?

A Building Product Rectification Order is a legal direction from the relevant authority (e.g., council or Building Commissioner) requiring the removal, remediation, or modification of a dangerous building product. These orders are issued when action is necessary to ensure public safety or compliance with the Building Products (Safety) Act.

Failure to comply with such orders can have legal and financial consequences, including fines and difficulties with insurance or resale.

What is a Notice of Intention to Issue a Rectification Order?

Before issuing a rectification order, authorities may issue a Notice of Intention. This alerts the building owner or responsible party that a formal rectification order is likely to follow unless the issue is resolved voluntarily.

What Does “NO” Mean in This Section?

If your planning certificate indicates "NO" for these items, it confirms:

• It is not aware of any Affected Building Notice in force.
• It is not aware of any outstanding Rectification Order.
• It is not aware of any Notice of Intention to issue a Rectification Order.

This is a positive outcome for buyers, developers, and lenders, as it means the property has not been flagged by authorities as containing unsafe or banned products, such as combustible cladding.

Why This Matters

If a property is subject to any of these notices, the consequences may include:

• Delays in development or occupation
• Costly remediation works
• Reduced property value
• Difficulties obtaining insurance or finance
• Legal liabilities

Always ensure this section of the planning certificate reads "NO" or seek professional advice if any items are marked "YES".

Disclaimers

Legal Disclaimer: This content is intended to provide a general overview of the relevant legislation and should not be relied upon as legal advice. Property and planning laws are subject to change and may vary depending on specific site conditions and council policies. For advice tailored to your circumstances, please consult a qualified legal or planning professional.

General Disclaimer: This article is provided for general informational purposes only and does not constitute legal, planning, or environmental advice. While every effort has been made to ensure accuracy, the information may not reflect the most recent changes in law or policy. You should seek advice from a qualified professional or relevant authority before making any property-related decisions.