Section 10.7 certificate NSW: what it is and what it covers
A section 10.7 planning certificate is a mandatory attachment to every residential property contract of sale in NSW. It tells the buyer (and their conveyancer) what planning rules apply to the land. If you are buying or selling a property in New South Wales, here is what you need to know.
This page provides general information about section 10.7 planning certificates in NSW. It is not legal advice. For advice about a specific property transaction, speak with a licensed conveyancer or solicitor. About our editorial standards.
What a section 10.7 certificate is
A section 10.7 certificate is an official document issued by your local council in NSW. It sets out the planning and zoning information that applies to a specific parcel of land. The name comes from section 10.7 of the Environmental Planning and Assessment Act 1979 (NSW).
In NSW, a vendor is legally required to attach a current section 10.7 certificate to the contract of sale before exchange. This requirement is set out in the Conveyancing (Sale of Land) Regulation 2022 (NSW). A buyer who exchanges contracts without receiving a valid certificate may be entitled to rescind the contract.
The certificate is issued by the council for the local government area in which the property sits. Every council in NSW issues them. The fee is set by each council (typically $50 to $100).
Section 10.7 versus the old section 149 certificate
Before 2018, the same certificate was called a section 149 certificate. Amendments to the Environmental Planning and Assessment Act renumbered the provisions. The document is identical; only the legislative reference changed.
You may still see "section 149 certificate" used in older conveyancing guides, by some agents, or in informal conversation. If someone refers to a "s.149", they mean the same thing as a "s.10.7".
The two types: 10.7(2) and 10.7(5)
There are two versions of the certificate, distinguished by the subsection of the Act they are issued under:
| Certificate type | What it contains | When to request it |
|---|---|---|
| Section 10.7(2) | Zoning, permissible uses, any planning orders, notices of intention to compulsorily acquire, or land reservations affecting the property. | The minimum required to be attached to the contract of sale. Many vendors obtain only the (2) certificate for the contract. |
| Section 10.7(5) | Everything in the (2) certificate, plus draft planning instruments (proposed rezoning that has not yet been finalised), development control plan information, and any additional matters the council has prescribed. | Recommended for buyers who want a fuller picture. Some conveyancers advise buyers to request or pay for a (5) certificate if the vendor has only attached a (2). |
For most standard residential purchases, the vendor attaches a 10.7(2) certificate. Buyers in areas with active rezoning or development proposals may find the (5) certificate more informative.
What the certificate covers
A section 10.7 certificate will typically disclose:
- Zoning: The zone classification under the relevant local environmental plan (LEP), such as R2 (Low Density Residential), R3 (Medium Density), E1 (Local Centre), and what land uses are permissible in that zone.
- Planning orders and instruments: Any State Environmental Planning Policies (SEPPs) or local planning instruments that apply to the land.
- Heritage listings: Whether the land or a building on it is listed as a heritage item under the LEP (this also appears in the LEP maps but is confirmed in the certificate).
- Notices of intention to acquire: Whether any government authority has notified an intention to compulsorily acquire the land.
- Land reservations: Whether the land is reserved for a public purpose such as a road widening, public open space, or infrastructure corridor.
This information matters because it affects what you can do with the property now and in the future. A buyer who discovers after exchange that the land is in a heritage conservation area, or reserved for a future road, will have limited recourse.
What the certificate does not cover
A section 10.7 certificate covers planning information only. It does not disclose:
- Flood risk: A separate council flood certificate or flood certificate from the NSW Flood Intelligence Portal may be needed. Some councils include flood overlay information in the s.10.7(5) certificate but this varies.
- Drainage or sewer information: This comes from a Sydney Water (or relevant utility) sewerage/drainage diagram ordered separately.
- Building approvals or compliance: Whether structures on the land have been approved and are compliant with the Building Code of Australia. A s.10.7 certificate does not tell you whether a granny flat, pool, or deck has council approval.
- Contamination: Whether the land is contaminated. A contaminated land search from the NSW Environment Protection Authority (EPA) may be warranted for commercial or industrial properties and some residential lots with known prior use.
- Title details: Easements, covenants, and restrictions on title appear on the title search from the NSW Land Registry Services, not in the s.10.7 certificate.
Your conveyancer or solicitor will typically order a number of searches on your behalf as part of the conveyancing process. The s.10.7 certificate is one of several, not the only one.
Who pays for the certificate and how much
The vendor pays for the section 10.7 certificate as part of preparing the contract of sale. It is a selling disbursement, and the cost is typically passed on in the overall conveyancing fee or listed separately in a disbursements schedule.
Costs vary by council. As a general guide:
- Most Sydney metropolitan councils charge between $50 and $100 for the (2) certificate.
- The (5) certificate costs more in most councils as it involves more information and a more detailed search.
The certificate is issued by the council in PDF form. It is valid at the time of issue. There is no fixed expiry, but a certificate more than a few months old may not reflect the most current planning position. Contracts are typically prepared with a certificate dated no more than three months before exchange, though this depends on the vendor's conveyancer.
Source: Council fee schedules are published by each individual council. The NSW Planning Portal at planningportal.nsw.gov.au also provides tools for checking planning information before a certificate is ordered.
How to get a section 10.7 certificate
If you are a vendor or a vendor's conveyancer preparing a contract:
- Go to the website of the relevant local council and look for "planning certificate" or "section 10.7" in the property services or development section.
- Enter the property address or lot and deposited plan number.
- Pay the council's fee (typically by credit card online).
- The council issues the certificate, usually within 1 to 5 business days. Some councils offer an express service.
Most licensed conveyancers and solicitors order certificates on behalf of their clients as part of preparing the contract.
What buyers should do with the section 10.7 certificate
When you receive the contract of sale as a buyer (or when your conveyancer receives it), the s.10.7 certificate should be attached. Your conveyancer will review it for:
- Heritage listings: If the property is heritage-listed, your ability to alter or demolish is significantly restricted.
- Land reservations: A reservation for road widening or open space can reduce the effective size or developable area of the property.
- Zoning restrictions: Whether the zone permits the use you intend (such as running a home-based business, building a secondary dwelling, or operating a short-term rental).
- Draft instruments (10.7(5) only): Whether a proposed rezoning is in progress that could change the property's planning status before or after settlement.
If anything in the certificate is unexpected, raise it with your conveyancer before exchange. The cooling-off period gives you time to investigate after exchange, but it is far better to identify concerns before signing.
Enjoy a same-day response
Talk to a qualified conveyancer and solicitor
Tell us about your matter and we will pass your details over to independent legal partners who can be in touch within 24 hours. No obligation.
Common questions
What is a section 10.7 certificate?
A section 10.7 certificate is an official document issued by a local council in NSW under section 10.7 of the Environmental Planning and Assessment Act 1979. It discloses the zoning, permissible land uses, heritage listings, and any planning orders affecting the property. Vendors must attach a current s.10.7 certificate to the contract of sale before exchange.
What is the difference between a 10.7(2) and 10.7(5) certificate?
A 10.7(2) certificate covers basic planning information: zoning, permissible uses, and planning orders. A 10.7(5) certificate includes everything in the (2) plus draft planning instruments and additional prescribed matters. The (5) certificate gives buyers a fuller picture, particularly in areas with active rezoning activity.
Is a section 10.7 certificate the same as a section 149 certificate?
Yes. The certificate was previously issued under section 149 of the Environmental Planning and Assessment Act before legislative amendments in 2018 renumbered the provisions to section 10.7. The document is identical; only the legislative reference changed.
Who pays for the section 10.7 certificate?
The vendor pays for the section 10.7 certificate as part of preparing the contract of sale. The fee is set by each local council and typically ranges from $50 to $100 for the (2) certificate.
What does the section 10.7 certificate not cover?
A s.10.7 certificate covers planning information only. It does not cover: flood risk, drainage or sewer details, building approvals or compliance history, land contamination, or easements and covenants on title. Your conveyancer will order separate searches to address these matters.
Sources: Environmental Planning and Assessment Act 1979 (NSW) (legislation.nsw.gov.au); Conveyancing (Sale of Land) Regulation 2022 (NSW) (legislation.nsw.gov.au); NSW Planning Portal (planningportal.nsw.gov.au). Last reviewed June 2026.
Conveyancing Explained provides general information about property transactions in New South Wales. It is not legal advice and does not create a client relationship. For advice on your situation, engage a licensed NSW conveyancer or a solicitor.