Section 149 Planning Certificates and other property searches
Types of certificates
The requirement for these certificates usually arises when a property is being purchased or sold. The certificates issued by this Council are:
- Section 149 planning certificates specifying planning requirements and restrictions that apply to a parcel of land.
- Section 121ZP and 735A certificates specifying outstanding health and building notices issued in relation to the parcel of land.
- Section 603 rating certificates specifying any outstanding rates, charges and debts payable to Council in respect of a parcel of land.
Section 149 Planning certificates
Planning certificates specify the planning requirements and restrictions that apply to a parcel of land, such as the zoning of a lot, as at the date of the certificate.
Section 149 (2) and (5) planning certificates are issued under the Environmental Planning and Assessment Act 1979 (EP&A Act).
A section 149(2) and section 149(5) planning certificate can be ordered separately or as a combined certificate. For conveyancing purposes a section 149(2) is required as a minimum.
A section 149(2) - This certificate is limited to containing only that information about complying development as set out in clause 3 of Schedule 4 of the EP&A Regulations. Provides information such as the zoning of the land, permissible and prohibited land uses, details of exempt and complying development, controls for development or hazards. These include matters such as heritage, coastal protection, bush fire, contaminated land and flooding. These matters are identified in Schedule 4 of the Environmental Planning and Assessment Regulation 2000.
A section 149(5) - Provides both the information available in a Section 149(2) and additional matters such as dwelling permissiblity, burials on private land and information on applicability of the Council’s Management of Contaminated Land Policy if applicable.
Planning certificates are generated on the lot, not the street address. Where a street address comprises more than one lot, a separate certificate for each lot must be applied for.
Note: if required a simple Section 149(2) certificate can be issued which only includes exempt and complying development provisions. This certificate is not to be relied upon for the purpose of an Annexure to a Contract for the Sale of Land under the Conveyancing Act 1919.
Section 735A and 121ZP certificates
These certificates specifying outstanding health and building notices and orders in force in respect of the lot, as at the date of the certificate.
Section 735A certificates are issued ONLY under the Local Government Act 1993 (LG Act).
Section 121ZP certificates are issued ONLY under the Environmental Planning and Assessment Act 1979 (EP&A Act).
Section 735A and section 121ZP certificates are ordered as a combined certificate.
A Full Search for notices and orders includes a section 121ZP and 735A plus orders, notices and directions under the Swimming Pools Act 1992, Food Act 2003, Public Health Act 1991, Roads Act 1993 and Protection of the Environment Operations Act 1997.
Outstanding notices and orders are generated on the lot, not the street address. Where a street address comprises more than one lot, a separate certificate for each lot must be applied for.
Section 603 rating certificates
Rating certificates specify any outstanding rates, charges and debts payable to Council in respect of the rateable property.
Section 603 rating certificates are issued under the Local Government Act 1993 (LG Act).
Rating certificates are generated per rateable property. This means that if a property comprises multiple lots, for the purpose of ratings these lots will be combined to form the one rating assessment.
Why do I need a Section 149 Certificate?
When land is bought or sold, the Conveyancing Act, 1919 requires a Section 149 Planning Certificate to be attached to the contract of sale. Another reason is to help an existing owner decide about the uses of their land.
How do I apply for a Section 149 Certificate and other property searches?
You need to complete an application form. Your application should accompany a cheque or you can make your payment by cash, at our Administration Centre at Mullumbimby or you may pay by Mastercard or Visa card. If paying by card an additional fee of 0.7% will be added to the above amount. An Authority to Charge Credit Card Form will need to accompany applications sent by mail or electronically. Full payment must be received before the application can be processed.
How long do they take to process?
Once council receives your request we aim to process the certificate within 3-5 working days if all the information received is accurate and no additional information is required.
Please note that there may be up to 3 weeks delay when processing Section 149 applications for lots created in newly registered subdivisions (with Land and Property Information), depending on the size and complexity of the subdivision. It is recommended that Council be contacted for an estimate on processing time prior to arranging the sale of the property.
What if my application is urgent? Can I pay an urgency fee?
Council charges an additional urgency fees for 24 hour collection from date of receipt by Council. Refer to the application form for urgency fees associated with each application.