Types of certificates

In This Section

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.

Section 10.7 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 10.7 (2) and (5) planning certificates are issued under the Environmental Planning and Assessment Act 1979 (EP&A Act).

  • A section 10.7 (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 10.7 (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 10.7 (6) of the EP&A Act Council shall not incur any liability in respect of advice it provides in a section 10.7 (5) certificate.
  • A section 10.7 (2) and section 10.7 (5) planning certificate can be ordered separately or as a combined certificate. For conveyancing purposes a section 10.7 (2) is required as a minimum.

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.
  • A Full Search for notices and orders includes a section 121ZP and 735A plus orders, notices and directions under the Swimming Pools Act 1992, Food Act 2003, Public Health Act 1991, Roads Act 1993 and Protection of the Environment Operations Act 1997.

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 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.