When buying or selling a property it is important to find out about planning controls, hazards or any orders or notices that may affect the land you are seeking to purchase.
You may obtain this information from Council by making the following enquiries:
Requesting a Planning Certificate (Section 149 certificate)
This certificate is issued in accordance with the Environmental Planning and Assessment Act 1979. Obtaining any records of inspection of the land or any buildings on the land by Council. Obtaining a copy of any relevant plans or development consent issued by Council.
Section 149(2) & Section 149(5) Planning Certificates
When land is bought or sold, the Conveyancing Act, 1919 requires a Section 149 Planning Certificate to be attached to the contract of sale. You may also need one for redevelopment of a property or to help an existing owner decide about the uses of their land.
These Certificates provide information on how a property (such as vacant land, a house, a commercial building, etc.) may be used and the restrictions on its development. The detail that must be contained in the Certificate is specified by Section 149 of the Environmental Planning and Assessment Act. (Your solicitor or agent may advise you which certificate is required.).
Bland Shire Council requires a single Section 149 Planning Certificate application for land rated together. If you are unsure of multiple lots being rated together please check by phoning 02 69722266 or email email@example.com.
It is your responsibility to check that you have accurately identified the land to which your application relates.
A Planning Certificate application form can be download under the "Application Form and Downloads" tab.
Council usually requires 3 working days to issue Section 149 Planning Certificates from the time your application is received.
Section 149A Building Certificate
This certificate is issued by Council to the owner of a building, the owner's agent, or someone who is going to purchase the building, to certify that during the next seven years, Council will not make certain orders or take certain action in relation to the building, i.e. order the building to be repaired, demolished, altered, added to or rebuilt.
A Building Certificate application form can be download under the "Application Form and Downloads" tab.
Section 603 Rates Certificate
When land is bought or sold, the Conveyancing Act, 1919 requires a Section 603 Certificate to be attached to the contract of sale.
Under Section 603 of the Local Government Act 1993 a person may apply to the council for a 603 certificate as to the amount (if any) due or payable to the council, by way of rates, charges or otherwise, in respect of a parcel of land.
Council usually requires 3 working days to issue Section 603 Rates Certificates from the time Council receives your application.
Outstanding Notices or Orders
You may need to establish whether there are any outstanding Council Notices and/or Orders served with respect to the property. Under S735A of the Local Government Act, 1993 and Section 121ZP of the Environmental Planning and Assessment Act 1979, you can apply to Council for report outlining any outstanding orders on the property that have been served under those acts.
You can request this information by lodging an application for a Certificate as to outstanding Notices and/or Orders. This advises whether there are any outstanding notices or orders applying to the property which have been issued under any one or more of the following Acts:
Section 121ZP of the Environmental Planning and Assessment Act Section 735A of the Local Government Act Food Act 1989 Noxious Weeds Act 1993 Protection of the Environment Operations Act 1997 Public Health Act 1991 Rural Fires Act 1997 Swimming Pools Act 1992.
GST and Property Guide
For every property transaction you make, you need to think about tax implications. To help you to determine property related GST obligations, refer to the 'GST and Property Guide' on the Australian Taxation Office website.