A Section 149 Planning Certificate is a certificate issued by Council under the provisions of Section 149 of the Environmental Planning and Assessment Act 1979. The certificate provides information on how the land may be used and restrictions on its development.
A s149 certificate is only issued on a lot that has been registered.
A s149 certificate is only legally correct as of the day of processing as the information used to produce a certificate could be updated daily.
There are two parts to the Section 149 Certificate:
- a part (2) and
- a part (5)
A 149(2) Certificate provides limited information. This must be attached to a contract for the sale of the land.
A 149(5) Certificate provides a broader range of information relevant to the land which may include additional advice on matters that relate to: exhibited draft DCP’s, whether it is potentially contaminated land, and any other matter that Council considers may be relevant to the development of the particular parcel of land.
When applying for a certificate you can request a part certificate 149(2) or a full certificate (149(2) & (5).
Application forms for a s149 Certificate can be accessed at Council’s Services Counter or the application area to the right of this screen for a printable (pdf format) or an online application for registered users only.
All s149 certificates are processed in a timely manner and as soon as practicable in accordance with the EP & A Act. Council has an urgency fee which enables the certificate process to be started (during normal office hours) on the day of recieving the application and payment of all fees.
Fees and charges
For further information relating to the fees for a section 149 certificate refer to Councils fees and charges.
Additional Copy of Section 149 - "copy will only be supplied within 5 business days of generated certificate otherwise a new certificate will have to be requested at the standard fee".
New section 149 certificates (2014)
With the issuing of the new s149 certificates some minor changes have been made to the format of the new certificates which are listed below:
- Owner names removed
- Lot size area removed (refer to LPI Online Shop for purchasing of Deposited Plans)
- Attachments removed (except when referred to by a attachment link)
- Size of certificate pages reduced due to new LEP and DCP being made
- As of 30th October 2014 all completed s149 certificates will be emailed to applicants
- Dwelling entitlement potential will no longer be available through a s149(5) certificate
Dwelling entitlement potential
From 5 January 2015, advice relating to dwelling entitlement potential will no longer be available through a Section 149(5) Certificate. Applicants will be required to complete the ‘Application for Certificates’ form and pay the associated fee. Regular users will be able to apply for the dwelling entitlement potential search via the external requests page.
The process and fee for the Section 149(2) and combined Section 149(2) and (5) Certificate will remain unchanged.
A straightforward dwelling entitlement potential search sould be completed in 7 days. More complex searches or searches where records are held off site sould be completed within 10 days.
The fee will apply per lot or land holding (same location) at the time of lodging the application for a dwelling entitlement potential search.
Please note that owners consent will be required prior to the acceptance of the form and payment of the fee.
Contaminated Land Policy
As of Monday 25th April 2016, a notation will be included on all 149(2) certificates to Part 7 (Council and other public authority policies on hazard risk restrictions) of the certificate relating to Council’s Contaminated Land Policy as follows:
All land in the Shoalhaven City Council Local Government Area is affected by a policy adopted by the Council (the Contaminated Land Policy 2013) that restricts the development of the land if it is found to be contaminated.
"The Contaminated Land Policy (Policy) applies to all land in the Shoalhaven and requires Council to consider contamination before development approval is issued. The inclusion of this new notation does not necessarily mean that the land is contaminated."
Further information is available from Council’s Environmental Services section.
Council are now including a notation in 149(5) certificates “Unauthorised Developments” under “matters affecting this land” section. The notation will be shown as below.
“Unauthorised building works present on this property".
Further information is available from Council's Compliance Team Unit.