How To Buy Certificates
The My Account section of the website allows individuals or professional organisations to login and pay for the following property certificates online:
***The certificate types below require additional information which needs to be sent to Council prior to the certificate being processed.
Please Note: Once you have paid for the certificate/s Council staff will process your request and send the certificate to you upon completion. The additional information required is set out below. You will need to provide this to Council before your request can be completed. When you send this documentation to Council please indicate you have paid online.
Additional Information Required for Building Certificate:
A completed Building Certifiate Application Form that has either the owners consent signature or a copy of the contract of sale for the said land that comprises or includes the building. A recent surveyors report & plan. The Certificate will apply to structures shown on the Surveyors Report Plan only.
Additional Information Required for Swimming Pool Certificate:
A completed Building Certificate Application Form that has either the owners consent signature or a copy of the contract of sale for the said land that comprises or includes the building. (note surveyors report is only required if a combined building & swimming pool certificate is applied for)
149(2) Planning Certificate
What is a 149 Certificate?
A 149 Certificate is a planning certificate issued under Section 149 of the Environmental Planning and Assessment Act, 1979 (as amended). 149 Certificates give information on Town Planning controls applying to the land, and other information, which may affect the use or development of the land.
There are two types of 149 Planning Certificates – 149 (2) and 149 (2&5).
A 149(2) Certificate, among other things, identifies the zoning of the land; any draft Local Environmental Plans relevant to the land; those Development Control Plans and State Environmental Planning Policies which apply to the land; whether any heritage/conservation controls apply to the land; and any physical constraints or hazards such as flooding or land contamination.
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 decide about the uses of their land.
149(2) & 149(5) Planning Certificate
What is a 149 Certificate?
A 149 Certificate is a planning certificate issued under Section 149 of the Environmental Planning and Assessment Act, 1979 (as amended). 149 Certificates give information on Town Planning controls applying to the land, and other information, which may affect the use or development of the land.
There are two types of 149 Planning Certificates – 149 (2) and 149 (2&5).
A 149(2) Certificate, among other things, identifies the zoning of the land; any draft Local Environmental Plans relevant to the land; those Development Control Plans and State Environmental Planning Policies which apply to the land; whether any heritage/conservation controls apply to the land; and any physical constraints or hazards such as flooding or land contamination.
A 149(2&5) Certificate, as well as identifying the matters listed above, includes, but is not limited to, additional information on matters such as Tree Preservation; history of development consents applying to the land; any draft Development Control Plans affecting the land; and whether the land is listed on the State Heritage Register.
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 decide about the uses of their land.
149(D) Building Certificate
What is a 149D Building Certificate?
A 149D Building Certificate is a Certificate issued under Section 149D of the Environmental Planning and Assessment Act, 1979 (as amended). This Certificate may apply to the whole or to a part only of a building. When council receives an application for a 149D Building Certificate, a Council Officer will conduct an inspection of the buildings/structures on the land, and must issue a Certificate if it appears that:
- There is no matter discernible by the exercise of reasonable care and skill that would entitle the council, under this Act or the Local Government Act, 1993:
- to order the building to be demolished, altered, added to or rebuilt, or
- to take proceedings for an order or injunction requiring the building to be demolished, altered, added to or rebuilt, or
- to take proceedings in relation to any encroachment by the building onto land vested in or under the control of the council, or
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There is such a matter but, in the circumstances, the council does not propose to make any such order or take any such proceedings.
Section 603 Rates & Charges
What is a 603 Certificate?
A 603 Certificate is a certificate issued under Section 603 of the Local Government Act, 1993 (see below). 603 certificates give the amount (if any)due or payable to the council, by way of rates, charges or otherwise, in respect of a parcel of land.
Why do I need a 603 Certificate?
The majority of people who are purchasing a property apply for, or have their conveyancer apply for on their behalf, a 603 Rates and Charges Certificate so they are aware of the rates and charges (if any) due or payable. These rates and charges remain due or payable regardless of the owner of the land.
LOCAL GOVERNMENT ACT 1993 - SECT 603
Certificate as to rates and charges
603 Certificate as to rates and charges
- A person may apply to the council for a certificate as to the amount (if any) due or payable to the council, by way of rates, charges or otherwise, in respect of a parcel of land.
- The application must be in the approved form and be accompanied by the approved fee.
- The council is to issue a certificate to the applicant stating:
- the rates, charges or other amounts due or payable to the council in respect of the land and when they became due or payable, or that no such rates, charges or other amounts are due or payable, and
- the balance of any special rate waived, under section 565, and the period for which it is waived, and
- the work carried out on the land by the council and the cost that may be recovered from the owner or occupier for the work, or that no such work has been carried out, and
- the name of the person shown in the council’s records at the date of the certificate as the owner of the land, if the person acquired the land under Division 5 of Part 2 of Chapter 17.
- The production of the certificate is taken for all purposes to be conclusive proof in favour of a bona fide purchaser for value of the matters certified.
- For the purposes of this section, rates, charges and other amounts are taken to be due or payable even though the requisite period after service of any notice may not have expired.
Section 121ZP Outstanding Notice Certificate
What is a 121ZP Outstanding Notice Certificate?
A 121ZP Certificate is a certificate issued under Section 121ZP of the Environmental Planning and Assessment Act, 1979 (as amended), which provides information as to any outstanding notices, orders, directions and demands issued by council on a particular property.
Upon receiving an application for a 121ZP Certificate, Council will search property records for any notices, orders, directions and demands issued in relation to the Environmental Planning and Assessment Act, 1979 (as amended). This may include notices issued under Section 121 for a variety of building and development issues.
Section 735A Outstanding Notice Certificate
What is a 735A Outstanding Notice Certificate?
A 735A Certificate is a certificate issued under Section 735A of the Local Government Act, 1993, which provides information as to any outstanding notices, orders, directions and demands issued by council on a particular property.
Upon receiving an application for a 735A Certificate, Council will search property records for any notices, orders, directions and demands issued in relation to the Local Government Act, 1993. This may include notices issued under Section 124 for a variety of building and land use issues.
Section 24 Swimming Pool Certificate
What is a Swimming Pool Certificate?
A Swimming Pool Certificate is a certificate issued under Section 24 of the Swimming Pools Act, 1992. When council receives an application for a Swimming Pool Certificate, a Council Officer will conduct an inspection of the swimming pool, and must issue a Certificate in respect of the swimming pool if council is satisfied that the swimming pool complies with the requirements of the Swimming Pools Act, 1992, and regulations, as of that date. The issue of a certificate under this section does not prevent the council from later giving a direction under Section 23 in respect of the swimming pool concerned, see extract below:
The local authority may, by order in writing served on the owner of any premises in or on which a swimming pool is situated, direct the owner to take, within such reasonable time as is specified in the direction, such measures as are so specified to ensure that the swimming pool or premises comply with the requirements of this Part or of a condition of an exemption granted under section 22.
Such a direction is of no effect to the extent to which it purports to impose requirements more onerous than the requirements of this Part or of a condition of an exemption granted under section 22.
A person on whom a direction is served must not fail to comply with the requirements of this direction.
A direction does not cease to have effect merely because there is a change in the ownership of the premises to which the direction relates, but applies to the new owner in the same way as it applied to the old.
Why do I need a Swimming Pool Certificate?
The majority of people who are purchasing a property with a swimming pool apply for, or have their conveyancer apply for on their behalf, a Swimming Pool Certificate so they can be sure that the swimming pool on the land that they propose to purchase, complies with the requirements of the relevant Acts. It is best to apply for a Swimming Pool Certificate before contracts for sale have been exchanged, so that you don’t get ‘locked in’ to purchasing a property, which has a swimming pool that does not comply with the essential requirements. Directions, notices, orders or demands that may be served by Council can require specific works to be completed in order for the swimming pool to comply, and these works can sometimes be quite costly.
SWIMMING POOLS ACT 1992 - SECT 24
24 Local authority must grant certificate of compliance if swimming pool complies with this Part
- The owner of any premises on which a swimming pool is situated may apply to the local authority for a certificate of compliance with respect to the swimming pool.
- If satisfied that the swimming pool complies with the requirements of this Part, the local authority must issue to the applicant a certificate to the effect that, as at the date on which it is issued, the swimming pool complies with those requirements.
- The issue of a certificate under this section does not prevent the local authority from later giving a direction under section 23 in respect of the swimming pool concerned.
- For the purposes only of any appeal proceedings arising in connection with an application under this section, the local authority is taken to have refused the application if it has not finally determined the application within 6 weeks after the application was made.
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