Forms and Fact Sheets - Planning and Building

Conveyancing Certificates

 

Information relating to these types of certificates

The requirement for these certificates usually arises when a property is being purchased or sold. The certificates issued by this Council are:

  • Section 149 planning certificates specifying planning requirements and restrictions that apply to a parcel of land.
  • Section 121ZP and 735A certificates specifying outstanding health and building notices issued in relation to the parcel of land.
  • Section 603 rating certificates specifying any outstanding rates, charges and debts payable to Council in respect of a parcel of land.
  • Section 88G certificates for covenants.

A brief description of each certificate type of provided below.

 

Section 149 Planning certificates

Planning certificates specify the planning requirements and restrictions that apply to a parcel of land, such as the zoning of a lot, as at the date of the certificate. Section 149 (2) and (5) planning certificates are issued under the Environmental Planning and Assessment Act 1979 (EP&A Act).

A section 149(2) certificate includes planning information that Council must address in the certificate. These matters are prescribed by the Environmental Planning and Assessment Regulation 2000.

A section 149(5) certificate includes other additional information affecting the land that Council may have. However Council is not obliged to provide this information, and does so in good faith.

Under section 149(6) of the EP&A Act Council shall not incur any liability in respect of advice it provides in a section 149(5) certificate.

A section 149(2) and section 149(5) planning certificate can be ordered separately or as a combined certificate. For conveyancing purposes a section 149(2) is required as a minimum.

A section 149(2) 'limited planning' certificate is also available. This certificate identifies whether or not complying development under theState Environmental Planning Policy (Exempt and Complying Development Codes) 2008 may be carried out on the land. This certificate is limited to containing only that information about complying development as set out in clause 3 of Schedule 4 of the EP&A Regulations.

Planning certificates are generated on the lot, not the street address. Where a street address comprises more than one lot, a separate certificate for each lot must be applied for.

 

Section 121ZP and 735A certificates

These certificates specifying outstanding health and building notices and orders in force in respect of the lot, as at the date of the certificate.

Section 121ZP certificates are issued ONLY under the Environmental Planning and Assessment Act 1979 (EP&A Act).

Section 735A certificates are issued ONLY under the Local Government Act 1993 (LG Act).

Section 121ZP and section 735A certificates can be ordered separately or as a combined certificate.

Outstanding notices and orders are generated on the lot, not the street address. Where a street address comprises more than one lot, a separate certificate for each lot must be applied for.

 

Section 603 rating certificates

Rating certificates specify any outstanding rates, charges and debts payable to Council in respect of the rateable property.

Section 603 rating certificates are issued under the Local Government Act 1993 (LG Act).

Rating certificates are generated per rateable property. This means that if a property comprises multiple lots, for the purpose of ratings these lots will be combined to form the one rating assessment.

 

Section 88G certificates for covenants

Council places positive covenants on the title of applicable properties in the Fairfield Local Government area in respect of maintenance requirements which have a public benefit. This includes the obligation to maintain stormwater retention systems on private land.

If a property owner neglects to maintain these systems or does not perform the obligations for public good as contained in the positive covenant, Council may carry out the obligation, including any maintenance. Any costs to Council in these instances are fully recoverable.

Under section 88G (3) of the Conveyancing Act 1919, Council can issue certificates that identify any outstanding debts owed to Council by the property owner in respect of their positive covenant obligations. If unpaid by the owner, these debts will be passed on to the purchaser on conveyance of the property.

A section 88G certificate states any outstanding costs for failure to comply with the positive covenant on the land, being the cost which has been recovered for work carried out by Council.

Please note that section 88G (3) certificates are generated on the lot, not the street address. Where a street address comprises more than one lot, a separate certificate for each lot must be applied for.