Below are details of the various certificates and searches that are available from Council that may assist in the purchase or sale of a property.
- Section 149 Planning Certificates
- Section 149A Building Certificates
- Section 603 Rates Certificates
- Records/Building & Outstanding Orders/Notices Searches
- Drainage Diagrams
Section 149(2) and Section 149(5) Planning Certificates
Section 149 of the Environmental Planning and Assessment Act, 1979 makes provision for the issuing of Planning Certificates. Essentially the purpose of a Planning Certificate is to provide information on how a property may be used and specify the relevant planning controls and restrictions on development. The Conveyancing Act, 1919 requires a Section 149 Planning Certificate to be attached to any contract of sale that involves the sale of land. The information contained in a Planning Certificate is useful for establishing what you can do with your site even if you are not buying or selling.
A Section 149(5) certificate incorporates everything provided in a 149(2) certificate however provides additional advice on other relevant matters affecting the land of which the Council may be aware, such as, whether development consent has been issued in respect of the land within the last five years.
Section 149A Building Certificate
This certificate is issued upon application by Council to the owner of a building, the owner's agent, or someone who is going to purchase the building. The Building Certificate certifies that Council will not make orders to have work carried out on the building or the building demolished for the next seven years. It is noted that obtaining a Building Certificate does not provide protection in relation to any unlawful uses of the building or site and it is recommended that you obtain a records search if there are doubts regarding the lawful use of the site.
Do I need a Building Certificate?
You may request a Building Certificate to tell you that Council does not intend to take any action in respect of any dilapidated structure or building encroachment onto public land.
Section 603 Rates Certificate
When land is bought or sold, the Conveyancing Act, 1919 requires a Section 603 Certificate to be attached to the contract of sale. Under Section 603 of the Local Government Act 1993 a person may apply to the council for a 603 certificate as to the amount (if any) due or payable to the council, by way of rates, charges or otherwise, in respect of a parcel of land.
Outstanding Notices or Orders
You may wish to establish whether there are any outstanding Council Notices and/or Orders served with respect to the property. Under S735A of the Local Government Act, 1993 and Section 121ZP of the Environmental Planning and Assessment Act, you can apply to Council for report outlining any outstanding orders on the property that have been served under those acts.
A records search may be applied for by an owner of a property, a solicitor/conveyancer or a potential purchaser of a property. The records search will generally provided details of; any applications approved on the property, the date of any approval, the type of development approved in addition to any building inspections recorded on the file as being carried out at the time.
Further details such as, plans or copies of approvals are available upon request with the authorisation of the current owner of the property.
A drainage diagram shows the location of Council's sewer main in relation to the property and/or building.
How do I apply for a Certificate or Report?
Application may be made to Council by filling out the relevant form and returning it with the required fee, either in person to one of Council's Administration Buildings:
44 Spring Street, Crookwell
123 Yass Street, Gunning
or alternatively you may like to post your application to:
Upper Lachlan Shire Council
PO Box 42
GUNNING NSW 2581
- Environment & Planning Department
- Telephone: (02) 48 301 000
- Facsimile: (02) 48 301 045
- Email: firstname.lastname@example.org