A Section 10.7 Planning Certificate (formerly Section 149 certificate) is issued by your council and is the most authoritative planning document for any NSW property. It's attached to every contract of sale. Here's how to read it.
What it covers
The full 10.7(2) and 10.7(5) certificate discloses:
- LEP zoning and permitted/prohibited uses
- Development standards (height, FSR, minimum lot size)
- Mapped overlays: flood, bushfire, contamination, heritage, biodiversity, acid sulfate soils
- Applicable SEPPs and REPs
- Any development contributions (s7.11, s7.12)
- Pending LEP amendments that may affect the property
The difference between 10.7(2) and 10.7(5)
The 10.7(2) certificate is the standard version included in contracts. It lists the zone and main controls. The 10.7(5) adds additional information the council believes is relevant — including known contamination issues, road widening proposals, and infrastructure plans. Always get the (5) for development sites.
Heritage overlays
Heritage listing comes in two forms: State heritage (listed on the State Heritage Register, managed by Heritage NSW) and Local heritage (listed in the LEP Schedule 5). The certificate shows both. State heritage requires consent from Heritage NSW for changes; local heritage requires council heritage assessment.
Flood mapping
The certificate shows whether the site is mapped in the council's flood study. Flood planning areas (FPA) and flood storage areas are the most restrictive. The 1-in-100-year flood level (PMF) determines building platform and floor level requirements.
What it doesn't tell you
The 10.7 certificate shows mapped constraints — it doesn't show unmapped contamination, soil conditions, drainage easements that aren't registered on title, or tree protection orders that are enforced via the DCP rather than LEP. A full development feasibility requires additional searches.
Cost and turnaround
A 10.7(2) + (5) combined certificate typically costs $60–$140 depending on the council and takes 5–10 business days. Many councils now offer online applications via the NSW Planning Portal. Zoniq surfaces the likely controls instantly — the certificate confirms them.