Section 10.7 planning certificates NSW: what they reveal and how to read them

In plain English

A Section 10.7 planning certificate is the official record of what planning rules and constraints apply to a specific lot in NSW. It is issued by the local council under section 10.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EP&A Act). Think of it as the lot’s planning rap sheet: everything the council knows about what you can build there, what overlays restrict it, and what financial obligations are attached.

For builders, it is the first document to pull on any new job. It surfaces disqualifying constraints before design fees are spent and before a CDC or DA is lodged.

TL;DR

Get the Section 10.7 certificate before engaging a designer or buying a block. The 10.7(2) standard certificate ($62 to $78 at most councils, 5 business days) tells you the zone, heritage status, bushfire, flood, acid sulfate soils class, and which contribution plans apply. The 10.7(5) extended certificate (around $156 to $178) adds everything the council holds on the lot that is not mandated in the standard form: draft instruments, environmental reports, additional constraints. If a site is heritage-listed, BAL-40 or BAL-FZ, Class 1 or 2 acid sulfate soils, or in a high-hazard flood planning area, the certificate tells you before you spend money on plans. Order via the NSW Planning Portal (council-linked) or direct from the council website. Required in every contract for sale of residential land in NSW under the Conveyancing (Sale of Land) Regulation 2022 (NSW) (verified 2026-05-08).

What it requires

The two certificate types

	Section 10.7(2)	Section 10.7(2) and (5)
Common name	Standard / Basic	Extended / Full
What it covers	Mandated matters under EP&A Regulation 2021	All 10.7(2) matters plus additional council-held information
Typical fee (2025-26)	$62 to $78 (council-set)	$156 to $178 (council-set)
Turnaround	5 business days standard	5 business days standard
Urgent option	Yes (24 hours, extra fee ~$119 to $150)	Yes
When to use	CDC eligibility check, standard DA prep, contract for sale	Complex sites, heritage, draft instruments in play, due diligence on constrained lots

Fees are set by each council and vary. Cumberland City Council charges $71 (standard) and $178 (extended) for 2025-26 (verified 2026-05-08 via cumberland.nsw.gov.au). Inner West Council charges $62 (standard) and $156 (extended) for 2025-26 (verified 2026-05-08 via innerwest.nsw.gov.au). Penrith City Council charges $71 (standard) and $178 (extended) (verified 2026-05-08 via penrithcity.nsw.gov.au).

What the 10.7(2) discloses

The EP&A Regulation 2021 mandates the following matters be included in every 10.7(2) certificate (verified 2026-05-08):

Zoning and land use

The zone under the applicable LEP (Local Environmental Plan) (R1, R2, R3, R4, RU5, etc.)
Permissible and prohibited land uses in that zone
Whether complying development (CDC) is permissible under any SEPP, or whether any legislative variation has been applied that restricts or alters complying development on the lot
Applicable SEPPs (State Environmental Planning Policies) and their effect
Relevant Development Control Plans (DCPs)

Development controls

Minimum lot size under the LEP
Height of buildings limit
Floor space ratio (FSR) limit
Additional permitted uses (any site-specific development allowed beyond standard zone controls)

Infrastructure contributions

Whether a section 7.11 contributions plan applies to the land (these are council levies charged at DA or CDC approval, funding local roads, parks, community facilities)
Whether a section 7.12 fixed levy applies
Whether any special infrastructure contributions (SICs) apply (state-government levies in designated growth areas)
Whether any draft contributions plans are in force for the land

Environmental hazards and overlays

Bushfire prone land status (whether the land is designated bushfire prone and the applicable BAL (Bushfire Attack Level) mapping)
Flood planning area status and the relevant flood planning level, where the council has this mapped
Acid sulfate soils: the class (1 to 5) of acid sulfate soils risk applying to the land
Contaminated land: whether the land is subject to a remediation order or is known to be contaminated under the Contaminated Land Management Act 1997 (NSW)
Coastal management area status under the Coastal Management Act 2016 (NSW)
Mine subsidence district status (in relevant areas)

Heritage

Whether the land or any structure on it is a local heritage item under the LEP
Whether the land is within a heritage conservation area
Whether the land or structure is on the State Heritage Register under the Heritage Act 1977 (NSW)

Other matters

Any orders or notices under relevant legislation affecting the land (e.g., tree preservation orders under the Trees (Disputes Between Neighbours) Act 2006 (NSW))
Road widening or acquisition reservations
Whether the land is affected by a folio of the Register under the Real Property Act 1900 (NSW)

What the 10.7(5) adds

The extended certificate includes everything in the 10.7(2) plus any additional information the council holds on the lot that is relevant but not mandated in the standard form. This varies by council and lot. Common additions include:

Draft environmental planning instruments (e.g., an LEP amendment in preparation that may change the zone or controls)
Detailed flooding information beyond the council’s minimum planning mapping (e.g., overland flow paths, preliminary flood investigations)
Environmental constraints the council is aware of but that fall outside the mandated 10.7(2) categories
Aircraft noise exposure levels (for land near airports)
Council-held notes on site history, environmental reports, or relevant assessments

You cannot order a 10.7(5) standalone. It is always issued as a combined 10.7(2) and (5) certificate.

The certificate as a legal document

A 10.7(2) certificate must be attached to every contract for sale of residential land in NSW under Schedule 1 of the Conveyancing (Sale of Land) Regulation 2022 (NSW) (verified 2026-05-08). Failure to attach a current certificate is a prescribed defect in the contract. A certificate is generally treated as current for up to 3 months from issue. After that, the planning rules may have changed and the certificate should be refreshed.

The certificate is a statement of fact at the date of issue. It is not a development approval and does not authorise any work.

What it doesn’t cover

A Section 10.7 certificate does not reveal:

Sewer, water, stormwater or gas infrastructure location or capacity (contact Sydney Water, Jemena, or the relevant utility)
Neighbour disputes or encroachments not registered on title (check survey)
Private covenants, easements, or restrictions on title (check the title search and deposited plan)
Structural condition of existing buildings
Anything not mapped or recorded in the council’s system at the date of issue
Whether a proposed design actually complies with all planning controls: the certificate shows what controls apply, not whether your design meets them

Practical implications

Before a CDC

Check the certificate before engaging a building designer. The constraints that knock a site off the CDC pathway — heritage listing, BAL-40 or BAL-FZ, Class 1 or 2 acid sulfate soils, certain flood classifications — are all visible on the 10.7(2). If the lot is in one of those categories, pivot to DA or get specialist advice before spending money on Housing Code compliant plans. See the Class 1a CDC eligibility checklist for the full set of site conditions.

Before a DA

The certificate confirms the zone and applicable controls the council will assess your DA against. The applicable LEP, DCP, contributions plans, and any special infrastructure contributions are all on the certificate. The contributions total can be a significant project cost: in some Sydney councils, s7.11 and SIC levies on a new dwelling or addition run $15,000 to $50,000 or more (amount varies significantly by council and development type — always check the council’s published contributions plan for the current rates, do not rely on this figure alone).

On a purchase

As a builder buying a lot to develop, always order a combined 10.7(2) and (5) before exchange. The standard certificate is mandatory in the vendor’s contract, but the extended certificate surfaces draft instruments that may change what you can build after you settle. Heritage listings, rezoning proposals, and flood mapping updates regularly appear in the 10.7(5) before they are mandated in the 10.7(2).

How to order

Three pathways:

NSW Planning Portal (online, preferred for most councils): Log in at planningportal.nsw.gov.au with a MyServiceNSW account. Select ‘Planning Certificate 10.7’, choose the certificate type, and pay online. The application is sent to the relevant council (verified 2026-05-08 via service.nsw.gov.au). Not all councils have adopted the online portal service.
Direct from council: Most councils accept online applications via their own eProperty or rates portals, over-the-counter, by mail, or by phone. Check the council’s website for the current form and fee.
Third-party search services: Conveyancing search providers (InfoTrack, GlobalX, etc.) can order a 10.7(2) on your behalf, typically with a service fee on top of the council fee. They may not offer the combined 10.7(5).

What you need to provide for any application:

Property address
Lot number and Deposited Plan (DP) number (from title or Section 88B instrument)
Owner name (some councils require)
Certificate type required (10.7(2) or combined 10.7(2) and (5))
Payment

Order a separate certificate for each lot. Combined lots or subdivided land may require multiple certificates.

Source link

Environmental Planning and Assessment Act 1979 (NSW) s 10.7 (verified 2026-05-08)
NSW Planning Portal: Online Section 10.7 Certificate Service (verified 2026-05-08)
Conveyancing (Sale of Land) Regulation 2022 (NSW) (verified 2026-05-08)

References

Environmental Planning and Assessment Act 1979 (NSW) s 10.7, NSW legislation website, legislation.nsw.gov.au (verified 2026-05-08)
Environmental Planning and Assessment Regulation 2021 (NSW), NSW legislation website, legislation.nsw.gov.au (verified 2026-05-08)
Conveyancing (Sale of Land) Regulation 2022 (NSW) Schedule 1, NSW legislation website, legislation.nsw.gov.au (verified 2026-05-08)
Cumberland City Council, Section 10.7 Planning Certificate, cumberland.nsw.gov.au — fee schedule 2025-26 (verified 2026-05-08)
Inner West Council, Planning Certificates, innerwest.nsw.gov.au — fee schedule 2025-26 (verified 2026-05-08)
Penrith City Council, Planning Certificates, penrithcity.nsw.gov.au — fee schedule 2025-26 (verified 2026-05-08)
NSW Department of Planning, “NSW Update: New 10.7 Zoning Certificates to apply from 1 October 2022”, dottandcrossitt.com.au (verified 2026-05-08)