• Need a planning or rates certificate? Use our online service to request, pay and receive certificates via email.

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 603 rating certificates specifying any outstanding rates, charges and debts payable to Council in respect of a parcel of land.
• Section 121ZP and 735A certificates specifying outstanding health and building notices in respect of the land as at the date of the certificate.
• Section 88G certificates for covenants.

A brief description of each certificate type of provided below.

Section 149 Planning certificates

Section 149 (2) and (5) planning certificates are issued under the Environmental Planning and Assessment Act 1979 (EP&A Act).

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.

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 separately ordered. For conveyancing purposes a section 149(2) will be required as a minimum.

A section 149(2) 'limited planning' certificate is also available. Such a certificate is limited to identifying only the information set out in clause 3 of Schedule 4 of the EP&A Regulations. A 'limited certificate' only identifies whether or not the land to which the certificate relates is land on which no complying development may be carried out under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. 

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

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

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

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

A section 121ZP and section 735A certificate can be separately ordered.

A full search for notices and orders includes a section 121ZP and 735A plus orders, notices and directions under the Food Act 1989, Protection of the Environment Operations Act 1997, Public Health Act 1991, Roads Act 1993 and Swimming Pools Act 1992, plus orders, notices and directions that the Council may issue.

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

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

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

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 Woollahra Local Government Area in respect of maintenance requirements which have a public benefit. These include the obligation to maintain stormwater retention systems on private land.

If the property owner(s) neglect to maintain these systems or do not perform the obligations for public good as contained in the positive covenant, then Council may carry out the obligation including any maintenance for which the costs to Council are fully recoverable.

In accordance with S88G (3) of the Conveyancing Act , 1919 Certificates are able to be issued by Council which provides notice to intending property Purchasers of any outstanding debts owed to Council by the property Vendor in respect of their Positive Covenant obligations. These debts if unpaid by the property Vendor will pass to the Purchaser upon conveyance of the property.

The Certificate states if there are any outstanding costs for failure to comply with the public 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.