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Buying and Selling Property

This information is a guide only. You should always get legal advice or consult your agent regarding your exact requirements.

Section 149 Planning Certificates

Under Section 149 of the Environmental Planning and Assessment Act 1979 (EP&A Act), a local council will, upon application, issue a certificate providing information about planning controls or property affectations relating to any piece of land within the council area.

A certificate issued under Section149(2) provides information about the zoning of the property, the relevant state, regional and local planning controls and other property affectations such as land contamination and road widening.

A certificate issued under Sections 149(2) & (5) provides both the information available in a Section 149 (2) certificate and additional information such as advice from other authorities.

While the certificate will state all the relevant planning instruments that apply to the property, it does not specify specific development standards or terms of the instruments. If you propose to develop the property, it will be necessary to research thoroughly all of the terms of the planning instruments which apply to the land.

Parramatta City Council issues Section 149(2) certificates, costing $53.00 and Section 149 (2) & (5) certificates, costing $133.00.

Urgent Section 149 certificates can be processed within 24 hours during business hours, upon payment of an additional fee of $110.00.

Section 149 Planning Certificate Application

Section 149 Building Certificates

Building certificates are issued under Section 149D of the Environmental Planning & Assessment Act 1979 and verify that Council has inspected a previously built development and has checked the building works against the Building Code of Australia. It is usually requested for properties that are for sale or when unauthorised works has been undertaken.

Building Certificate - Sale of property

Obtaining a Building Certificate means that Council will not issue an order to repair, demolish or rebuild for 7 years after determination under the condition that the premises are in a satisfactory state and have not deteriorated. Council may still issue orders to ensure adequate fire safety in a building, even if a Building Certificate exists already.

A building certificate is useful when you are purchasing or have purchased a property and would like to check if Council has approved works carried out on the property. Council will inspect the property to determine compliance.

An original or certified copy of the Survey Report for the building must be included with this application. Original survey reports will be returned.

Applications are processed within 2 weeks and the fees for a Building Certificate are as follows:

  • For houses and other structures around the house (i.e. Class 1 or 10) $210 including GST
  • For all other types of buildings (i.e. Class 2 to 9)
    1. where the floor area does not exceed 200 sqm - $210
    2. where the floor area is between 200 - 2000 sqm - $210 PLUS $0.42 per sqm over 200 sqm
    3. when the floor area exceeds 2000 sqm - $966 PLUS $0.063 per sqm over 2000 sqm
    4. for part of the building that does not have a floor area (eg an external wall) - $210

Building Certificate Application Form

Building Certificate - Unauthorised building work

Obtaining a Building Certificate means that Council will not issue an order to repair, demolish or rebuild for 7 years after determination under the condition that the premises are in a satisfactory state and have not deteriorated. Council may still issue orders to ensure adequate fire safety in a building, even if a Building Certificate exists already.

Please note that where the building works have been carried out without consent Council must determine in relation to unauthorised work "Had the proper application been made would we have granted approval?" If the answer to this question is "Yes" then we may permit the illegal work to stay. If the answer is "No" then we may require the illegal work to be demolished.

Lodgement of Building Certificate Applications where Unauthorised Building Work has occurred is by appointment only. Appointments are available on Tuesdays and Thursdays, between 9am and 12 noon. Appointments are made by contacting Council's Development Advisory Team on 9806 5524.

The fees for a Building Certificate are as follows:

  • For houses and other structures around the house (i.e. Class 1 or 10) $210 including GST
  • For all other types of buildings (i.e. Class 2 to 9)
    1. where the floor area does not exceed 200 sqm - $210
    2. where the floor area is between 200 - 2000 sqm - $210 PLUS $0.42 per sqm over 200 sqm
    3. when the floor area exceeds 2000 sqm - $966 PLUS $0.063 per sqm over 2000 sqm
    4. for part of the building that does not have a floor area (eg an external wall) - $210

In addition to the above fees, Council will also charge additional fees in accordance with Council's Schedule of Fees and Charges.

The additional fee payable is the total of the following amounts:

(a) the amount of the maximum fee that would be payable if the application were an application for development consent, or a complying development certificate (if appropriate), authorising the erection or alteration of any part of the building to which the application relates that has been erected or altered in contravention of the Act in the period of 24 months immediately preceding the date of the application,

(b) the amount of the maximum fee that would be payable if the application were an application to the council for a construction certificate relating to the erection or alteration of any part of the building to which the application relates that has been erected or altered in contravention of the Act in the period of 24 months immediately preceding the date of the application.

Building Certificate for Unauthorised Works Application Form

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