When purchasing or developing property in New South Wales, a 10.7 planning certificate which is sometimes referred to as a zoning certificate is an essential document of any contract of sale. Issued under Section 10.7 of the Environmental Planning and Assessment Act 1979 (NSW), this certificate provides vital information about zoning and planning controls that apply to a your property or piece of land. Here’s a detailed look at what a 10.7 planning certificate is, its purpose, legal implications, content, and how you can obtain one.
What is a 10.7 Planning Certificate?
A 10.7 planning certificate is a legal document that offers detailed information about zoning, planning restrictions, and potential development opportunities for a specific piece of land. It’s crucial for prospective buyers, developers, and real estate professionals to understand the intricacies of this certificate to make informed decisions.
Purpose of a 10.7 Planning Certificate
The primary purpose of a 10.7 planning certificate is to disclose critical information regarding:
- Zoning of the Land: This includes applicable Local Environmental Plans (LEPs) and State Environmental Planning Policies (SEPPs) that define permissible uses and development standards.
- Planning and Development Controls: Development Control Plans (DCPs) that may impose additional conditions or guidelines on development projects.
- Restrictions and Notices: Highlights any restrictions on the use of the land, such as heritage listings, contamination issues, and flood planning levels.
Please note that these documents, do not remove the need for a purchaser to do their due diligence on any property, for example heritage checks etc to ensure that the information held by council is up to date and correct.
Legal Implications
For lawyers and conveyancers, a 10.7 planning certificate is more than just a document—it’s a formal notice that triggers a duty to investigate highlighted restrictions or opportunities further. Significant legal implications include:
- Duty to Investigate: As outlined in Kyriacou & Bonhomie Pty Ltd v Kogarah Municipal Council (1995) 88 LGERA 110, there’s a legal obligation to investigate any restrictions or opportunities highlighted in the certificate.
- Councils’ Liability: According to Lorenzatto v Burwood Council [2020] NSWSC 1659, councils may be liable for negligent misstatements in a planning certificate if the misleading information causes detriment to the recipient. However, councils often include disclaimers in their responses to cover such instances.
Content of a 10.7 Planning Certificate
Typically, a 10.7 planning certificate can include includes:
- Environmental Planning Instruments (EPIs): These set out the planning controls governing land use and development.
- Development Control Plans (DCPs): Detailed guidelines for the physical development of the land.
- State Planning Controls: Hyperlinks to relevant state planning regulations and controls.
- Zoning Information: Details about the current zoning of the land.
- Special Conditions: Special conditions or approvals affecting the land, such as heritage conservation or contamination notices.
- Site-specific Information: Details on site-specific planning controls like flood risk and bushfire-prone areas
Practical Considerations
When dealing with 10.7 planning certificates, it’s essential to:
- Seek Legal Advice: Understanding the grounds for the information disclosed in a 10.7 planning certificate is vital. As there may be things on the certificate that are easily misunderstood.
- Conduct Thorough Investigations: Ensure all supportive documentation and further inquiries are thorough and accurate.
- Communicate Effectively: Keep open lines of communication with all parties involved to navigate the process smoothly.
A 10.7 planning certificate is a fundamental document in property transactions, serving to inform about zoning, planning controls, and potential restrictions. Understanding this document and its legal implications can help safeguard against potential issues and enable informed decision-making. These certificates do not remove the need for the purchaser to ensure they have completed their due diligence, you must remember that a property purchase is likely to be one of the biggest decisions of your life and you need to ensure it is the right one with expert legal assistance.