The Environmental Planning and Assessment Act 1979 has been amended in relation to planning certificates provided for contracts.

Zoning requirements for each property were set out in the Section 149 Certificate issued by Local Councils under the EPAA. From the 1st of March, councils are progressively repealing all Section 149 Certificates. Many contracts still carry Section 149 Certificates, however, under the legislation there is a schedule where each council will no longer issue 149 Certificates.

The section 149 certificate has been replaced with a 10.7 planning certificate. The Conveyancing Sale of Land Regulation 2014 has also been amended to require the 10.7 planning certificates to replace the 149 certificates in the contract for sale and purchase of land.

To all of you agents, you will see the 10.7 planning certificate start to be inserted in contracts for sale and purchase of land. You will need to amend your processes and procedures so that when you check a contract, the 10.7 planning certificate is there instead of the 149 certificates.

In substance, it hasn’t changed! It still sets out the zoning for each area and provides information regarding what you can do with your properties with or without consent and what you are always prohibited from doing. It also provides similar information regarding known problems with the land.

In reality, life will not change for anyone. Nevertheless, don’t think a contract is incomplete for having a 10.7 certificate rather than a 149. Providing it’s got one or the other, a contract is complete.

This article was written by Bailey Compton, Principal Solicitor & Director at Leverage Group.

To get in touch with Bailey, please email info@leveragegroup.com.