The requirement for these certificates usually arises when a property is being purchased or sold. The certificates issued by this Council are:
A brief description of each certificate type of provided below.
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).
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.
These certificates specifying outstanding health and building notices and orders in force in respect of the lot, as at the date of the 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.
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.
Council places positive covenants on the title of applicable properties in the Woollahra Municipality 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.