Before a designer draws a single line, it pays to know what rules apply to your land. In NSW the quickest way to find out is a planning certificate issued by council under section 10.7 of the Environmental Planning and Assessment Act 1979. This guide explains what is in it and how to read it.
What a planning certificate is
A planning certificate sets out the planning and development controls that apply to one parcel of land. Councils issue them, and anyone can buy one at any time for any purpose. You can request one from your council, and many councils also take requests through the NSW Planning Portal.
If you bought the property recently, a certificate was attached to the sale contract. That copy may now be out of date, because planning controls change. Get a current one before design starts. It is a small cost compared with redrawing plans that were based on old rules.
Section 10.7(2) and 10.7(5): two levels of detail
- Section 10.7(2) covers the matters council must report, as prescribed in Schedule 2 of the Environmental Planning and Assessment Regulation 2021. This is the part attached to sale contracts.
- Section 10.7(5) is extra advice council can choose to add about other relevant matters. It is optional and often costs more, but it can reveal useful local information.
What to look for before you design
The prescribed matters are grouped in a set order. Those that most often shape a home design are:
- Planning instruments and development control plans, including drafts that may soon apply.
- Zoning and what land uses are permitted.
- Complying development. Whether complying development is allowed on the land under the housing codes, and key restrictions on exempt development.
- Contributions plans that may lead to fees.
- Land reserved for acquisition, and road widening or realignment.
- Flood-related controls.
- Hazard risk policies, such as contamination, salinity, aircraft noise and coastal hazards.
- Bush fire prone land.
- Loose-fill asbestos insulation and mine subsidence.
How the answers change your project
- Is a CDC possible? If the certificate says complying development is not permitted on all or part of the land, you will likely need a development application instead. Our guide on CDC or DA: picking the approval your home project needs explains both.
- Bush fire prone land means you will need a bushfire attack level (BAL) assessment, and the construction must suit that rating.
- Flood controls can set minimum floor levels or rule out some designs.
- Exempt work. Restrictions shown here can stop a deck, shed or carport being exempt. See our guide to Exempt development: small building jobs that need no approval.
- Contributions can add costs to budget for early.
- Road widening or acquisition can take part of the front of the lot, which limits where you can place a new building.
Tips for using your certificate
- Check the date. It is a snapshot of the controls on that day.
- Read it with the title. Easements, covenants and rights of way sit on the title search, not the certificate.
- Share it early. Give a copy to your designer, surveyor and certifier at the start.
- Look up the maps. The certificate lists the relevant instruments, and their maps show exactly where a control starts and stops.
- Ask if anything is unclear. Wording like "part of the land" can matter a great deal.
CertifiBuild reviews planning certificates as part of our plan assessment, so you know early which approval pathway fits your Class 1 or Class 10 project. Find out more about our building approvals services, or request a quote.
Local help across NSW
CertifiBuild certifies Class 1 and Class 10 work in 39 council areas. Local rules on these council pages are a good place to start: City of Canada Bay, Hawkesbury City Council, City of Sydney, Bayside Council, Cumberland City Council, Canterbury-Bankstown Council.
Suburb pages with local planning notes: Arncliffe, Auburn, Bardwell Valley, Bass Hill, Berrima, Blackheath, Blacktown, Rhodes, Windsor, Woolloomooloo. You can also browse every service area.
Sources
- Planning certificates: guide to the updated EP&A Regulation (PDF), NSW Planning Portal
- Planning certificates fact sheet (PDF), NSW Planning Portal