A Section 10.7 planning certificate is the council’s formal statement of the planning controls and hazards that apply to a parcel of land in NSW, and it is attached to every contract for sale. Part (2) covers the prescribed matters set out in the Environmental Planning and Assessment Regulation 2021: zoning, the instruments that apply, flood, bushfire, contamination, heritage, complying development eligibility and contributions plans. Part (5) is any extra information the council chooses to add. Reading it properly takes about twenty minutes and tells you most of what will decide your development application before you sign.
Key takeaways
- Section 10.7 of the Environmental Planning and Assessment Act 1979 replaced the old Section 149 certificate; the content is the same idea with a new number.
- The 10.7(2) certificate must answer a fixed list of prescribed matters, so every council’s certificate covers the same ground in the same order.
- The 10.7(5) part is optional council advice and can include flood levels, road widening proposals or development notices that the (2) part does not.
- The certificate tells you what applies to the land, not if your project complies, and it does not show easements or the sewer.
- The copy in the contract can be months old, so order a fresh certificate from the council before exchange on any development site.
What the certificate is and who issues it
Section 10.7 of the Environmental Planning and Assessment Act 1979 requires a council to issue a certificate, on application and payment of the fee, stating the matters prescribed by the Regulation as they affect a parcel. Schedule 2 of the Environmental Planning and Assessment Regulation 2021 lists those matters. Anyone can apply, which is why buyers, planners and conveyancers order them independently of the vendor.
Because the (2) matters are prescribed, a Blacktown certificate and a Central Coast certificate follow the same headings. What changes is the detail beneath them and the amount of (5) information the council chooses to include.
Walking through the 10.7(2) headings
Instruments and zoning
The first pages name the LEP, the DCP and each State Environmental Planning Policy that applies. Then comes the zone and, for that zone, the land use table: development permitted without consent, development permitted with consent, and prohibited development. Read the middle list for the words you need, for example “dual occupancies”, “multi dwelling housing” or “secondary dwellings”. If your use is missing from both the permitted lists, it is prohibited in that zone.
One caution. State policies can permit a use that the LEP table does not list. Since 1 July 2024, for example, state-level changes permit dual occupancies in R2 zones across most of NSW, so a certificate that reproduces an older LEP table may understate what is allowed. Check the state policy as well as the table.
Development standards for dwellings
The certificate states whether the LEP fixes a minimum lot size for a dwelling house and whether the land meets it. It does not usually state the minimum lot size for a dual occupancy or subdivision, so read the LEP Lot Size Map yourself on the NSW Planning Portal Spatial Viewer.
Heritage
The certificate says whether the land is a heritage item, is within a heritage conservation area or is on the State Heritage Register. It will not tell you that the house next door is listed, which still matters for design, so check the LEP heritage map for the neighbours too.
Complying development
This is the section most buyers skip and most planners read first. For each code in the Codes SEPP (the Housing Code, the Low Rise Housing Diversity Code, the Greenfield Housing Code and the others) the certificate says whether complying development may be carried out on the land, and if not, why. Common reasons are heritage, flood, bushfire, an environmentally sensitive area or a drainage restriction. A “no” against the Low Rise Housing Diversity Code means a duplex on that block will need a DA rather than a CDC, which changes the timeline and the cost.
Flood and hazards
The certificate states whether the land is subject to flood related development controls, and whether council policies on landslip, bushfire, tidal inundation, subsidence, acid sulfate soils or contamination apply. It also states whether the land is mapped as bush fire prone. These are yes or no answers. A “yes” for flood does not tell you the flood planning level or the hazard category, which is where the (5) part and the council flood study come in.
Contributions, road widening and the rest
Expect to see the names of any Section 7.11 or 7.12 contributions plans, whether the land is affected by road widening or road realignment, whether it is on the loose-fill asbestos insulation register, whether it is in a mine subsidence district, and whether any site compatibility certificate or biodiversity certification applies. In the Western Sydney Aerotropolis councils, aircraft noise matters may also appear.
What the 10.7(5) part adds
Section 10.7(5) lets the council include advice on any other relevant matter. Some councils use it generously and others barely at all. Where it is used, it is often the most valuable page in the certificate.
| Item | 10.7(2) prescribed | 10.7(5) council advice |
|---|---|---|
| Flood | Whether flood controls apply | Flood planning level, hazard category, whether a flood study exists |
| Roads | Road widening affectation | Detail of the proposal and the reserve width |
| Applications | Not covered | Current DAs on or near the land, outstanding notices or orders |
| Drainage | Not covered | Overland flow paths, drainage reserves, known stormwater issues |
| Contributions | Names of plans | Sometimes the applicable rates or a link to the plan |
Always order the (2) and (5) certificate together. The extra fee is small and the (5) part frequently changes our advice. On Penrith and Hawkesbury sites the flood advice in the (5) part is the first thing we read, because the Hawkesbury-Nepean flood categories can make the difference between a two-storey duplex with raised floors and no development at all.
What the certificate does not tell you
- Easements and restrictions. These are on the title and the Section 88B instrument, not on the certificate.
- Sewer and water assets. Sydney Water and Hunter Water asset positions come from their own diagrams.
- DCP controls. Setbacks, site coverage, landscaped area and parking rates live in the DCP, which the certificate names but does not summarise.
- Trees. Nothing on the certificate will warn you about a protected tree in the middle of the block.
- If your project complies. The certificate lists the rules. Applying them is the planner’s job.
How we use the certificate in due diligence
We read the certificate against the LEP maps and the title in a set order: permissibility first, then the complying development answers, then flood and bushfire, then contributions. Each “no” or “yes” is turned into a question with a cost or a design consequence attached. The result feeds directly into a development due diligence report, and later into the Statement of Environmental Effects, where the certificate is normally cited as the source for the constraints section. On sites in the Hawkesbury-Nepean valley, our Penrith town planning page explains how the flood categories are applied.
Frequently asked questions
What is the difference between a 10.7(2) and a 10.7(5) certificate?
The (2) certificate answers a fixed list of prescribed matters from the Regulation and every council must include them. The (5) certificate is additional advice the council chooses to give, such as flood levels or current applications. Order both when you are buying a development site.
Is a Section 10.7 certificate the same as a Section 149 certificate?
Yes. The certificate was issued under Section 149 until the Act was renumbered in 2018. Older contracts and some council forms still use the Section 149 name, but the content and purpose are the same.
How long does a Section 10.7 certificate take to get?
Most NSW councils issue a certificate within a few working days of the application, and many offer an urgent service for a higher fee. The certificate is current on the day it is issued, so order it close to exchange rather than relying on the copy in the contract.
Does the certificate show if a duplex is allowed on my land?
It shows whether dual occupancies are permitted with consent in the zone and whether complying development under the Low Rise Housing Diversity Code is possible. It does not confirm your lot meets the minimum lot size or width, so those still need to be checked against the LEP and the Code.
URBA reads the Section 10.7 certificate, the title and the LEP maps together and tells you in plain terms what the site can carry and which constraints will shape the DA. See our due diligence service, or request a fee proposal and send the certificate through.