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Planning Certificates and Other Information

In this Section

Land Zoning
Building Information Certificate
Planning Certificate (10.7)
Outstanding Notices (735a)
Drainage Diagram
Approval to Operate On-site Waste Management System
Swimming Pools / Spa Compliance Certificate

Land Zoning

Not sure which zone you land, or land you are looking to purchase is zoned as? The NSW Planning Portal Spatial Viewer is an enhanced digital mapping service that provides easy-to-use, information-rich maps for every address and lot in NSW. Click here to view a how-to guide on using this service and how to generate a property report that will identify:

  • Lot/Section/DP details;
  • LGA;
  • Summary Planning Controls (LEPs, DCP, land zoning; minimum lot size; heritage, etc)
  • SEPPs which may apply to this land;
  • Other matters affecting the land (land near electrical infrastructure, Local Aboriginal Land Council, Region Plan Boundary).

The Spatial Viewer is located via the NSW Planning Portal.

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Building Information Certificate

A Building Information Certificate is a document issued by Council relating to existing structures (buildings) on a parcel(s) of land.

Often a Building Certificate is requested when work is undertaken without the appropriate approvals being issued by Council or an accredited certifier.  A building certificate states that Council will not take any action for a period of 7 years to Order, or take proceedings for an Order, to have the building covered by the certificate to:

  • be demolished, altered, added to or rebuilt or;
  • resolve any encroachment by the building onto land under the control of Council.
  • Building Certificate application requirements

A Building Certificate application may be requested for either a part or whole of a building and may be requested by:

  • the owner of the property;
  • another person, with the consent of the owner of the property;
  • the purchaser of a property under a contract of sale (including the purchaser's solicitor or agent);
  • a public authority that has notified the owner of its intention to apply for the certificate.

Obtaining a Building Certificate for a property is a way an owner, potential purchaser or a financial institution can be assured that the structural assets on the property are in reasonable repair, safe and have the approval of Council. A Building Certificate is often obtained for the sale of the property or refinancing loans associated with the property.

 

A Building Certificate application must be accompanied by a survey report. This must represent the property and buildings as existing at the time of lodging the application.  Additional information may also need to be provided (including building plans, specifications and certificates) to allow Council to assess and determine the application.

 

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Planning Certificate (10.7)

10.7 Planning Certificate (previously known as Section 149 Certificate). The Certificate will provide you with information regarding the development potential of a parcel(s) of land.

 

There are 2 certificate options:

A Section 10.7(2) certificate shows the zoning of the property, its relevant state, regional and local planning controls and other property constraints such as land contamination, level of flooding and bushfire prone land.

Section 10.7(2) and 10.7(5) certificate provides the same information as above but also includes other factors such as advice from other authorities and certain information that Council holds on a property that is relevant to the land but is not disclosed in a Section 10.7(2) certificate.

 

Click here to download the 10.7 Planning Certification Application Form

 

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Outstanding Notices (735a)

A Section 735A Outstanding Notices Certificate lists any outstanding notices and orders issued by Council in relation to a particular property under the under the provisions of the Local Government Act 1993. Council also provides a list of any outstanding notices and orders issued by Council under the provisions of any other Act under which it is authorised to do so. Notices issued might include unauthorised building works, stormwater works, or unsafe or unhealthy conditions.

 

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Drainage Diagram

A Drainage Diagram shows the location of sewer pipes on a property and connection to reticulated sewer main where applicable. If land is located outside the reticulated sewer system, the land may be services by on on-site waste management system.

When sewer drainage work is carried out on a residential, commercial or an industrial property, plumbers and drainers must submit an updated or new drainage diagram Council and the property owner at the completion of the drainage work.

 

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Approval to Operate On-site Waste Management System

If your home is not connected to reticulated sewer, you may have an on-site sewerage management system, such as a septic tank or aerated system (AWTS).

There are special regulations that apply to these systems. As the owner of the property, it is your responsibility to ensure that the system is approved by Council and that it is working properly. On-site systems can be a risk to the health of your family and other community members if they are not properly maintained. They can also cause harm to the environment.

To ensure that your system meets the requirements, you will need to obtain two approvals from Council:

  • The first approval is to initially install the system (Section 68 approval);
  • The second approval is for ongoing operation of the system

After you obtain these approvals, the council will carry out regular inspections to make sure the system is working properly. Councils can charge inspection fees for this service.

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Swimming Pools / Spa Compliance Certificate

Drowning in swimming pools is a significant cause of preventable death in children under five years of age. Pool owners are required by law to maintain the safety of their pool area and must ensure that children are properly supervised. All pool owners need to be aware of laws.

Do swimming pool laws apply to me?

The Swimming Pools Act 1992 applies to swimming pools and spa pools that are located (or being built) on sites with a residential building, movable dwelling or tourist and visitor accommodation.

If you're the owner of a property with a swimming pool or spa pool, these laws apply to you.

In a strata or community scheme, all of the lot owners jointly own any swimming pool or spa pool that is on common property. The owners corporation (or body corporate) is responsible for ensuring such pools are compliant with the Swimming Pools Act 1992.

The law applies to any excavation, structure or vessel including swimming pools and spa pools that are:

  • capable of being filled with water to a depth greater than 30cm, and
  • used, designed, manufactured or adapted for swimming, wading, paddling or any other human aquatic activity.

Registration

Pool owners must register their pools online on the NSW Swimming Pool Register. You can pay a fee to your local council to do this on your behalf.

A certificate of registration will be issued to the pool owner. Go to the NSW Swimming Pool Register website to check that your pool has been registered.

Fencing

Owners of properties with swimming pools must at all times:

  • ensure that pools are surrounded with a child-resistant safety barrier that separates the swimming pool(s) from any residential building and any place adjoining the property
  • keep closed the doors and gates that provide access to the swimming pool
  • ensure that fences surrounding pools are designed, constructed, installed and maintained to comply with the relevant Australian Standards.

Visit the pool safety checklists page on the NSW Government’s Swimming Pool Register for more information.

Note that portable and inflatable pools that are capable of being filled to a depth of 30cm (300mm) or more must also be surrounded by a swimming pool safety barrier and meet the requirements listed above.

Safety information about inflatable or portable pools is on the inflatable swimming pools page.

CPR Signage

In case of an emergency the law requires that you have a cardiopulmonary resuscitation (CPR) sign displayed near your pool.

You can buy a CPR sign from your local pool shop, council or community organisations such as St John Ambulance, the Australian Red Cross or Royal Life Saving.

The sign must be in good condition and able to be read easily from 3 metres.

From 1 September 2019, new CPR signs come into effect. From this time, all new pools must use the updated signage.

Owners of existing pools aren't required to update their signage unless the pool barrier is substantially altered or rebuilt.

Signage for pools under construction or renovation

For pools under construction a sign must be displayed that states: “This swimming pool isn't to be occupied or used”.

The sign must be displayed at all times while the pool is under construction and only removed once a certificate of compliance or occupation certificate has been issued.

Council and registered swimming pool inspectors (certifiers) can inspect swimming pool and spa pool barriers and issue a certificate of compliance if the barrier meets requirements or a non-compliance certificate if does not meet barrier requirements.

Pool owners should contact Council or a private certifier early, to allow time to organise an inspection before renting or selling a property. A certificate of compliance is valid for three years.

Visit the NSW Swimming Pool Register website to check if a certificate of compliance has been issued already for a particular property.

Your pool can generally be inspected in the following circumstances:

  1. Where the inspection is compulsory because of the property type (multi-occupancy or tourist and visitor accommodation.
  2. As part of a local council’s adopted inspection program
  3. At your request, for example, prior to the sale or lease of your property

In the case of 1 and 2 above, Council will contact you. In the case of 3 above, you will need to contact Council or a accredited private certifier to arrange an inspection of your pool to obtain either a compliance or non-compliance certificate.

Self-assessment checklists can be accessed via NSW Swimming Pool Register. To find the right self-assessment checklist you will need to know a few things about your pool:

  • When was it built or installed?
  • If the pool fence or means of access to the pool was substantially rebuilt or altered, when did that last occur?
  • What type of pool do you have - indoor? spa pool? outdoor? portable?
  • Was the pool built before 1 July 2010. If so, the rules are different if you have:
    • a waterfront property,
    • a small-sized property (less than 230 square metres)
    • or a large property (over 2 hectares)

 

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Last modified: 20 Oct 2021

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