Planning
Section 10.7 Planning Certificates in NSW: What They Show and How to Get One
25 September 2026 · 9 min read
Section 10.7 Planning Certificates in NSW
A section 10.7 planning certificate is a document issued by your local council that states the planning rules and certain hazards affecting a parcel of land on the day it is issued. It is issued under section 10.7 of the Environmental Planning and Assessment Act 1979, and it is the certificate every NSW seller must attach to a contract for sale.
There are two versions. A 10.7(2) certificate lists the matters the law requires, such as zoning, the planning instruments that apply, whether complying development is possible, and flood and bushfire status. A 10.7(2) and (5) certificate adds other information the council holds about the land. For 2026/27, the maximum fees are $74 for a 10.7(2) certificate and an extra $111 for the 10.7(5) advice.
This guide explains what each part tells you, how to get one, what it costs, where its limits are, and how it fits with the other checks you should do before you buy, design or lodge. It is general information, not legal advice.
What is a section 10.7 planning certificate?
Section 10.7 of the Act lets any person, on paying the prescribed fee, apply to a council for a planning certificate for land in that council's area. The council must then issue the certificate as soon as practicable, setting out the matters prescribed by the Environmental Planning and Assessment Regulation 2021. You do not need to own the land to order one.
The section used to be numbered 149, which is why you will still hear conveyancers and agents call it a "section 149 certificate". It is the same document.
10.7(2) vs 10.7(5): what is the difference?
| Section 10.7(2) | Section 10.7(5) | |
|---|---|---|
| What it contains | The matters listed in Schedule 2 of the Regulation: instruments, zoning, complying development, hazards and more | Advice on other relevant matters affecting the land that the council is aware of |
| Is the council obliged to include it? | Yes. The council must issue it on application | No. The council may include it |
| Needed for a sale contract? | Yes, it must be attached | Optional |
| Council liability | For offence proceedings, the certificate is presumed correct in favour of the person who relied on it | No council liability for advice given in good faith, except advice about contaminated land |
| Maximum fee 2026/27 | $74 | $111 on top of the 10.7(2) fee |
The NSW Planning Portal describes the combined certificate as adding advice from other authorities and certain information a council holds on a property. If you are buying, or about to spend money on design, the combined certificate is usually worth the extra fee because it can surface information the 10.7(2) section is not required to include.
What a 10.7(2) certificate tells you
Schedule 2 of the Environmental Planning and Assessment Regulation 2021 sets out what the council must state. The main items, and why they matter for a project:
| Item | What the certificate states | Why it matters |
|---|---|---|
| Planning instruments | Each LEP, SEPP and development control plan that applies, plus proposed instruments and draft DCPs exhibited in the past three years | Tells you which rules to read, and whether they are about to change |
| Zoning | The zone, what is permitted without consent, with consent and prohibited, any additional permitted uses, and any minimum lot size for a house | Confirms whether your intended use is allowed at all |
| Heritage | Whether the land is in a conservation area and whether a heritage item is on the land | Heritage status changes the approval pathway and the design brief |
| Complying development | Whether complying development can be carried out under each code and, if not, why | The first check for a CDC; see our CDC vs DA guide |
| Contributions | The development contributions plans that apply | Flags levies that can apply to new work |
| Flooding | Whether the land is in the flood planning area, or between it and the probable maximum flood, and subject to flood controls | Affects floor levels, design, insurance and approvals |
| Bush fire prone land | Whether all or part of the land is mapped as bush fire prone | Triggers bushfire assessment and construction standards |
| Hazard policies | Council or authority policies restricting development because of landslip, bush fire, tidal inundation, subsidence, acid sulfate soils, contamination, aircraft noise, salinity, coastal hazards or sea level rise | Points to specialist reports you may need |
| Contamination | Under the Contaminated Land Management Act 1997, whether the land is significantly contaminated or subject to a management order, approved voluntary management proposal, ongoing maintenance order or site audit statement | Contamination can stop or reshape a project |
| Loose-fill asbestos | Whether residential premises on the land are on the loose-fill asbestos insulation register | A serious health and cost issue |
| Building notices | Affected building notices and building product rectification orders in force or proposed | Flags issues such as non-compliant cladding |
| Acquisition and roads | Land reserved for acquisition, and road widening or realignment | Part of the site may not be available to build on |
Schedule 2 also covers exempt development, mine subsidence, paper subdivisions, biodiversity matters, tree orders, coastal protection charges, the Western Sydney Aerotropolis, seniors and affordable rental housing conditions, water and sewerage services, special entertainment precincts and future infrastructure corridors, where they apply.
How to get a planning certificate
You order the certificate from the council for the local government area the land is in.
- Council online forms. Most Sydney councils take applications online. You will need the street address and, ideally, the lot and deposited plan number.
- NSW Planning Portal. The Portal has an online section 10.7 service, but councils choose whether to adopt it, so it is not available everywhere. You need a Portal account, and the application can be linked to a DA or CDC.
- Through your conveyancer. When you sell, your solicitor or conveyancer normally orders it with the other contract documents.
Processing times are set by each council. The City of Sydney, for example, says it processes applications within five working days of payment, and some councils, such as Inner West, offer a paid urgent service.
How much does a planning certificate cost?
The Environmental Planning and Assessment Regulation 2021 sets the maximum fees, which are indexed each July. For 2026/27 they are:
- Section 10.7(2) certificate: up to $74
- Additional fee for 10.7(5) advice: up to $111, so up to $185 for the combined certificate
Councils can charge less than the maximum. On their websites in September 2026, the City of Sydney listed $73 for a 10.7(2) certificate and $185 for the combined certificate, and Inner West Council listed $62 and $156 for 1 July 2026 to 30 June 2027, plus an urgency fee. Check your own council's current fees and charges.
When you need one
- Selling. Under the Conveyancing (Sale of Land) Regulation 2022, a planning certificate for the land (the 10.7(2) certificate) must be attached to the contract for sale. The 10.7(5) advice is optional.
- Buying. The vendor's certificate is in the contract. Read it with your solicitor or conveyancer before you exchange, and order a fresh combined certificate if the attached one is old or 10.7(2) only.
- Before design. Confirm the zoning, heritage, flood and bushfire status and complying development eligibility before briefing a designer.
- Knockdown rebuilds. The NSW Planning Portal's knockdown rebuild guidance recommends a section 10.7 certificate early, to understand zoning, planning controls and constraints such as contamination, flooding and bushfire. See our knockdown rebuild guide.
What a planning certificate will not tell you
A planning certificate is essential, but it is not a feasibility study. Its limits:
- It is a snapshot. It reflects the position on the day it is issued. Planning controls change, and proposed instruments are only listed once they have been through community consultation or public exhibition.
- It lists controls, not outcomes. Schedule 2 does not require the council to apply every numerical control, such as height, floor space ratio or setbacks, to your site, or to say what you could build. Those controls sit in the LEP maps and the development control plan.
- It is not a title search. Easements, covenants and other interests recorded on the title are checked separately, usually by your conveyancer.
- It is not a building history. DA and building approval history is not one of the prescribed matters. If you are worried about unapproved work, ask your conveyancer about a building information certificate.
- The 10.7(5) advice carries less legal weight. The council is not liable for 10.7(5) advice given in good faith, except advice about contaminated land.
- It does not predict approval. No certificate can tell you whether a particular design will be approved.
The free NSW Planning Portal spatial viewer and property report are useful for a first look, but the Portal's terms say its information should be treated as being for reference only until it is certified. They do not replace the certificate.
How our planning report complements a planning certificate
Yaxley Studio's free NSW planning report is designed to sit alongside the certificate, not replace it. You enter one NSW address; we match it to its lot, plan and local government area, collect the current official instruments and mapped controls we can find with their source dates, and keep missing evidence visible instead of guessing. Noel reviews every request personally.
The report is preliminary information only. It is not a Section 10.7 Planning Certificate, planning advice, a feasibility or an approval prediction. Use the certificate as the council's formal statement about the land, and the planning report as a source-linked starting point for the questions to ask next. When a project needs professional advice, our Feasibility & DAs service picks up from there.
Related reading: feasibility before a Sydney renovation and understanding planning regulations in Sydney.
FAQ
Is a section 149 certificate the same as a section 10.7 certificate?
Yes. The provision was previously section 149 of the Environmental Planning and Assessment Act 1979 and is now section 10.7. The certificate is the same.
Can I get a planning certificate for a property I do not own?
Yes. Section 10.7 allows any person to apply on payment of the fee, so buyers and their advisers can order one directly from the council.
How long is a planning certificate valid?
The Act does not set an expiry date, but the certificate only reflects the position on the day it was issued. For a purchase or a design decision, order a current one.
Does a planning certificate tell me if I can use complying development?
Yes. It must state whether complying development can be carried out on the land under each code and, if not, why. Whether your particular design complies is a separate question for a certifier. Our CDC vs DA guide explains the next step.
Should I order the 10.7(2) or the combined certificate?
For a sale contract, the 10.7(2) certificate is the legal requirement. If you are buying or planning a project, the combined certificate costs a little more and can include extra information the council holds.
Is the Yaxley Studio planning report a planning certificate?
No. Only the council can issue a section 10.7 planning certificate. Our planning report is a preliminary, source-linked snapshot that Noel reviews personally, and it complements the certificate rather than replacing it.
Sources
All sources accessed 25 September 2026.
- NSW Legislation, Environmental Planning and Assessment Act 1979, section 10.7.
- NSW Legislation, Environmental Planning and Assessment Regulation 2021, section 290 and Schedule 2.
- NSW Legislation, Contaminated Land Management Act 1997, section 59(2).
- NSW Legislation, Conveyancing (Sale of Land) Regulation 2022, section 4 and Schedule 1.
- NSW Department of Planning, Housing and Infrastructure, Schedule of planning and development fees and charges for 2026/27 (June 2026), items 9.7 and 9.8.
- NSW Planning Portal, Online section 10.7 planning certificate service (updated 14 December 2023).
- NSW Planning Portal, Knockdown and rebuild considerations.
- NSW Planning Portal, Terms and conditions.
- City of Sydney, Apply for a property certificate.
- Inner West Council, Planning certificates (fees for 1 July 2026 to 30 June 2027).
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