Section 149 Planning Certificate
A 149 Certificate is a planning certificate under Section 149 of the Environmental Planning and Assessment Act 1979.
These certificates provide information on the parcel of land including zoning, planning restrictions, development consent issued, contaminated land and tree preservation orders that apply to the land on the date the certificate is issued. There are two types of 149 Planning Certificates, 149(2) and 149(5).
What is the difference?
A 149(2) Certificate provides you with zoning information, whether the land is affected by any Draft Local Environmental Plans and Development Control Plans, and the restrictions and guidelines the parcel of land has on development that may be carried out.
A 149(5) Certificate includes a 149(2) Certificate as well as information such as tree preservation orders, development consent granted within the previous 2 years, Residential District Proclamation and whether the land is affected by the resolution of amendment of any environmental planning instrument or draft environmental planning instrument.
Why do I need a 149 Certificate?
When land is bought or sold the Conveyancing Act 1919 requires a 149 Planning Certificate to be attached to the contract of sale. It may also help an existing owner to determine the development potential of their land.
How do I apply for a 149 Certificate?
You need to complete an application form which is available for downloading on the Planning and Development Application Forms page or by clicking on the link below;
Section 149(d) Planning Certificate
A Building Certificate is a certificate that is issued in accordance with the Environmental Planning & Assessment Act 1979 or the Local Government Act 1993, to order or take proceedings for an order to have the building or part of the building (covered by the certificate) to be demolished, altered, added to or rebuilt, or to take proceedings in relation to any encroachment by the building onto land under the control of Council, for a period of seven (7) years. A certificate is usually applied for when selling houses or other property.
How is the building certificate different from the other 149 Certificate?
Section 149(2) and Section 149(5) certificates apply to the land specified whereas Section 149(b) and (d) certificates apply to the structures on the land.
Do I have to provide a survey?
A current identification survey from a registered surveyor is required (or a certified copy of the same). A current survey means one that is in metric and is a true representation of all improvements on the land.
Is the owner's consent required?
To be able to apply for a Section 149(b)(d) Building Certificate you must have the owner's consent, be the owner's solicitor/agent, be a purchaser who has entered into a contract to purchase the property, purchaser's solicitor/agent or a public authority that has notified the owner of its intention to apply for the certificate.
How do I apply for a building certificate?
You need to complete an application form which is available for downloading on the Planning and Development Application Forms page.