What Is a Section 10.7 Planning Certificate? NSW Contracts Explained
Every NSW contract of sale comes with a Section 10.7 planning certificate attached. Here’s what it discloses, and why most entries are nothing to worry about.
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Every NSW contract of sale comes with a Section 10.7 planning certificate attached. Clients often read it and assume the worst. In reality, most of what turns up is a standard disclosure that applies to thousands of properties. Here’s what it actually is, and what to do when an entry looks unfamiliar.
At a glance
- A Section 10.7 certificate is issued by the local council and attached to every NSW contract of sale.
- It discloses zoning, planning controls and known risks affecting the land, not the seller’s opinion of the property.
- Common entries like mine subsidence and bushfire-prone status are standard disclosures, not red flags on their own.
What is a Section 10.7 planning certificate?
A Section 10.7 planning certificate (issued under the Environmental Planning and Assessment Act 1979) is a certificate from the local council attached to every NSW contract of sale. It sets out the zoning of the land and any planning controls, restrictions or known risks that affect it: things like heritage listings, flood control, foreshore building lines, road widening proposals, and the two we’re asked about most, mine subsidence and bushfire-prone land.
Why does my contract need one?
It exists so a buyer is not relying on the seller’s word for what can and cannot be done with a property, or what conditions apply to it. The council is the authority on zoning and planning controls, so the certificate gives you an independent, official source rather than a verbal assurance.
What sort of entries turn up on a Section 10.7?
Most properties have at least one entry, and most of them are administrative rather than alarming:
- Standard residential zoning.
- A heritage conservation area covering an entire suburb.
- A flood planning notation that affects thousands of nearby lots.
- A mine subsidence district.
- Bushfire-prone land.
The last two are the entries we field the most questions about, and we cover both in full in the linked guides below.
What’s the difference between a 10.7(2) and a 10.7(5) certificate?
A 10.7(2) certificate is the one the law requires your seller to attach to the contract. It covers the prescribed matters: zoning, planning controls, and the risks and restrictions the council must disclose.
A 10.7(5) certificate is optional. It contains additional advice the council holds about the land beyond the prescribed list, and it needs to be requested and paid for separately. Most residential purchases proceed on the 10.7(2) alone, but if you have specific plans for the property, it can be worth asking us whether the extra information is worth ordering.
In plain English
Think of it less like a warning label and more like a property’s official paperwork trail. It tells you what rules already apply to the land, so nothing catches you by surprise after settlement.
“Most of what’s on a planning certificate is a standard disclosure about the land, not a reason to walk away from the property.”
Related reading
We read every certificate on your contract before you exchange, and translate anything unusual into plain English before it lands in your inbox.
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