Property guide
Section 10.7 (formerly 149) Planning Certificate — What It Tells You
A Section 10.7 planning certificate (previously known as a Section 149 certificate) is issued by the local council and contains key planning information about a property. It is one of the most important disclosure documents in NSW conveyancing and tells you how the land is zoned, what planning constraints apply, and whether the property is in a flood or bushfire prone area. Every buyer should obtain one before exchange.
What a Section 10.7 certificate covers
A Section 10.7(2) certificate (the standard form) discloses the following information about the property:
Land use zone: what zone applies under the Local Environmental Plan (LEP), such as R2 Low Density Residential, R3 Medium Density, or R4 High Density. The zone determines what uses are permitted, what requires development consent, and what is prohibited.
Flood planning: whether the land is in a flood planning area, and if so, the category of flooding (High, Medium, or Low Risk).
Bushfire prone land: whether the land is mapped as Bushfire Prone Land under the NSW RFS maps.
Heritage: whether the property is a heritage item or within a heritage conservation area.
Contamination: whether the land is known or suspected to be contaminated, or is subject to a remediation order.
Airport noise: whether the property is affected by a building envelope or noise flight path.
A Section 10.7(5) certificate provides even more detail, including infrastructure contributions, special conditions applicable to development, and any other matters the council considers relevant.
How to read the zoning information
The zoning tells you what can and cannot be built on the land. For residential buyers, the most important zoning categories in NSW are:
R2 Low Density Residential: standard house-and-garden zone. Secondary dwellings (granny flats) are generally permitted. Multi-dwelling housing, residential flat buildings, and boarding houses may require a specific planning pathway.
R3 Medium Density Residential: townhouses, villas, and multi-dwelling housing are generally permitted. This is the "missing middle" zone introduced in many LGAs under the Medium Density Housing Code.
R4 High Density Residential: residential flat buildings (apartments) are the expected form of development. Many properties in this zone are best treated as development sites or long-term holds.
For buyers buying a house in an R4 zone near an urban renewal area, be aware that you are effectively buying development potential — which is usually priced into the land value. Conversely, buying an apartment in an R2 zone is unusual and suggests the apartment was built before the current zone was applied; rezoning risk is low but the location may not see high-rise redevelopment.
Always read the LEP and DCP (Development Control Plan) for the specific zone before assuming what you can build.
Heritage items and conservation areas
If a property is listed as a heritage item or is within a heritage conservation area, any development consent (DA) will be assessed against heritage impact. This does not prohibit all changes — normal maintenance, painting, and interior work are generally exempt. But demolition, significant external alterations, additions that affect the heritage significance, and subdivision all require heritage assessment as part of the DA process.
For buyers interested in significant renovation, a heritage listing or conservation area designation can restrict what you can do and add cost and time to the approvals process. For buyers who are preservation-minded, it also protects the character of the area from unsympathetic development.
Heritage status is not inherently bad — many of the most desirable addresses in Sydney are heritage conservation areas (Paddington, Glebe, Balmain, Kirribilli) and their character is a major part of their value. But it needs to be understood before committing.
Section 10.7 and your conveyancing
Your solicitor or conveyancer should obtain a Section 10.7(2) certificate as a standard part of conveyancing. The cost is typically $100–$200, paid to the council. For properties with potential planning complexity (bushfire, flood, heritage, or large development potential), a Section 10.7(5) certificate provides more detail and is worth the additional cost (usually $200–$400 total).
The certificate is issued as at the date of the request. Planning controls can change — if there is a significant gap between when the certificate is issued and when you settle, check whether any LEP amendments or rezoning proposals affect the property.
The Section 10.7 certificate tells you what is formally documented by the council. It does not reveal all possible issues — things like illegal structures, unapproved additions, and unauthorised uses are not captured in the certificate. These are best identified through a thorough building inspection and a review of council records.
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