Buying or Selling a Property
When buying a property a person should initially seek legal advice from a solicitor/conveyancer who will give you detailed information to protect your interests including specific requirements of the Conveyancing Act.
Information about a specific property can be sought from Council on request and payment of the relevant fee. The request for information is usually applied for by the owner or someone with the written consent of the owner or by the Solicitor.
Common information requests received by Council are:
- Section 10.7 certificate (S10.7 (2) and S10.7 (5))
- Dwelling Entitlement search
- Information relating to prior development consents issued over the land
- Drainage Diagram (sewer main location)
- Building Certificate (149A)
- Swimming Pool Compliance Certificate
- Outstanding Rates and Water Charges (S603 Certificate)
A request for any of the above can be made using the information shown below. Fees required are identified on the respective application forms.
Section 10.7 Certificates
Section 10.7 Planning Certificates, also known as zoning certificates, are legal documents issued by Council under the provisions of Section 10.7 of the Environmental Planning and Assessment Act 1979. The certificate provides information on planning controls and any development restrictions which may apply to a particular parcel of land within the Council area. They are legally required to form part of a Contract and must be obtained before a property can be listed for sale.
There are two types of certificates:
- 10.7 (2) Certificate - Provides information about the zoning of the property, the relevant state, regional and local planning controls and other planning affectations such as heritage, land contamination and road widening; and
- 10.7 (2) and (5) Certificate - Provides additional advice regarding demolition, foreshore building lines, other heritage considerations and general advice.
The standard certificate is generally processed within 5 working days. An additional fee can be paid for an urgent 10.7 certificate.
To apply, please download Council's Property Inquiry Form.
Dwelling Entitlement Search
Not all properties have a legal right to build a dwelling on them. Dwelling Entitlements can be dependent upon zoning, lot size and date of the original subdivision approval.
Dwelling Entitlement searches provide formal advice determining whether a property has a legal right to construct a dwelling. Dwelling Entitlement advice cannot be given verbally. An application must be submitted to Council with the applicable fees.
To apply, please download Council's Dwelling Entitlement Search Ford
735A & 121ZP Outstanding Notice
You can request information from Council as to what past Development Approvals have been granted on the land. This can help to establish whether the existing use of the property is lawful or assist in the lodgement of future applications.
To apply, please download Council's Property Inquiry Form.
Drainage Diagram
A drainage diagram is a copy of a plan showing the location of Council’s sewer mains in relation to the property boundaries. The diagram is valuable as the sewer main position can impact on the development of the site.
Building Certificate
A Building Certificate (if issued) is a formal certificate issued by Council which states that Council will not take action in respect to a building which may include any unauthorised building work, dilapidated structure or building encroachment onto public land.
Council may require certain works to be carried out prior to the issue of the certificate or may refuse to issue a building certificate.
The Building Certificate does not certify that the building complies with the relevant legal requirements, nor is it a status report in respect of the defects or contraventions which may exist in the building.
A Building Certificate is not a mandatory requirement when buying or selling a property but is strongly recommended by Council as it assists to protect the purchaser and lending institution. The inspection may reveal such things as any illegal building works, unauthorised use, structural defects and fire safety issues.
The certificate is only valid in regard to anything that existed at the time of the inspection.
To apply, please download Council's Building Certificate Application Form.
Swimming Pool Compliance Certificate
A Swimming Pool Compliance Certificate is a formal certificate issued by Council which states that at the time of inspection the swimming pool complies with the requirements of Part 1 of the Swimming Pools Act 1992 which includes the requirements for swimming pool fencing.
To apply, please download Council's Property Inquiry Form.
Noxious Weeds Certificate
A Noxious Weeds Certificate is issued by Council and states that there are no outstanding weed control notices on the property, no outstanding fees or charges in relation to weed control notices or charges against the land resulting from previous weed control notices.
To apply, please download Council's Property Inquiry Form.
Section 603 Certificate
Commonly required during the sale of property, a Section 603 Certificate identifies if there are any due or payable fees to Council, by way of rates, charges or otherwise in respect of a parcel of land (Lot and DP). Each property number requires a Separate 603 Certificate and they are only valid for the date of issue. Solicitors, real estate agents and members of the public may make an application to Council for a certificate by completed the Property Inquiry Form and submitting to Council accompanied by the approved fee.
Water consumption charges will only show on a 603 certificate if there is any outstanding water charges. The Applicant will be required to order a Special Water Meter Reading to determine what the owner has consumed since their previous reading. See the Property Inquiry Form for additional fees.
To apply, please download Council's Property Inquiry Form.