A Planning Certificate issued under Section 10.7 of the Environmental Planning and Assessment Act 1979 (NSW) is a legal document provided by the local council that outlines the planning rules and restrictions that apply to a particular parcel of land.

If you're buying, selling, developing, or conducting due diligence on a property in New South Wales, obtaining a 10.7 Planning Certificate is essential.

Purpose of a 10.7 Planning Certificate

The certificate provides critical information about:

• Zoning and permissible land uses
• Development restrictions
• Hazards such as flooding or bushfire risk
• Heritage status
• Planned infrastructure projects
• Environmental constraints

It is designed to inform buyers, sellers, developers, and lenders of any statutory restrictions or proposals affecting the property.

Types of Planning Certificates

There are two types of 10.7 certificates:

1. 10.7(2) Certificate (Basic)

This is the mandatory certificate required to be attached to every Contract for Sale in NSW. It includes:

• Land zoning
• Applicable Local Environmental Plans (LEPs)
• Land use restrictions
• Whether the land is subject to:
  • Heritage listing
  • Flooding
  • Bushfire
  • Coastal protection
• Road widening or acquisition proposals

2. 10.7(5) Certificate (Optional - Additional Information)

This provides extra, non-statutory information the council deems relevant to future planning or development, such as:

• Draft planning proposals
• Unapproved development applications in the area
• Strategic plans or infrastructure projects

Although optional, the (5) certificate often gives a more complete view of how the land may be affected in the future.

Why is a Planning Certificate Important?

Whether you’re a homebuyer, investor, or developer, the certificate helps you:

• ✅ Understand what you can legally do with the land
• ✅ Identify any risks or planning controls
• ✅ Check if the property complies with zoning for your intended use
• ✅ Avoid surprises like compulsory acquisition, restrictions, or additional development costs

Tip: The certificate is relied upon by buyers and solicitors during the conveyancing process and is essential for legal disclosure.

Who Issues the Certificate?

The certificate is issued by the local council in which the property is located. You can typically apply online via the council’s website or through your solicitor or conveyancer.

Frequently Asked Questions (FAQs)

Is a 10.7 Planning Certificate mandatory?
Yes. A 10.7(2) certificate must be attached to every contract for the sale of land in NSW.

How can I obtain one?
You can request it directly from the local council or ask your solicitor/conveyancer to obtain it on your behalf.

Does it replace the need for other checks?
No. It’s one important part of the due diligence process. You should also review easements, covenants, planning controls, and utility reports.

Is the certificate legally binding?
Yes. It reflects statutory planning information held by the council at the date of issue.

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.