When buying or selling a property, you should seek legal advice from a solicitor or conveyancer who will provide you with detailed information to protect your interests.
There are also a number of different types of certificates that are required and/or recommended that provide prospective purchasers with information such as development restrictions, building approvals, outstanding rates payable and whether you can build on a particular block of land.
This information is provided as a guide only and you should always seek legal advice and consult your real estate agent regarding your specific requirements.
Under Section 149 of the Environmental Planning and Assessment Act 1979, Council can issue a certificate providing information about planning controls and development standards relating to a property. You can apply to Council for a Section 149(2) or (5) Certificate according to your individual circumstances.
A Building Certificate is issued under the Environmental Planning and Assessment Act 1979. The certificate prevents Council for a period of seven years from making an Order.You can apply to Council for a Building Certificate. This page explains the process of how to apply for a Building Certificate.
A Section 603 (rates) Certificate is commonly needed when you are selling a property. The certificate states the amount (if any) of any outstanding rates, charges and debts payable to Council in relation to a property. You can apply for a Section 603 Certificate from Council.
A Section 735A and 121ZP Outstanding Notices Certificate lists any outstanding Notices and Orders issued by Council in relation to a particular property. The certificate refers to Notices and Orders issued only under the Local Government Act 1993 (Section 735A) and the Environmental Planning and Assessment Act 1979 (Section 121ZP); for example, Notices and Orders issued, might include, and relate to, unauthorised building works, stormwater works, keeping of animals, inadequate operation of an Onsite Sewer Management System, noxious weeds or unsafe or unhealthy conditions.