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 can only be issued on a lot that has been registered and is only legally correct as of the day of processing.
There are two parts to the Section 149 Certificate:
- A 149(2) Certificate provides limited information. A 149(2) certificate must legally 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 other matter, considered relevant.
When applying for a certificate you can request a part certificate 149(2) or a full certificate ie.(149(2) & (5)).
It is highly recommended that a full certificate (part(2) and part(5)) be obtained when purchasing land in Shoalhaven.
Application forms for a s149 Certificate can be accessed by the application area to the right of this screen.
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 s149 certificate - "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".
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". This note would typically mean that orders have been issued in relation to unauthorised building works. The absence of this note does not necessorily mean that unauthorised development has not occurred on the property.
Further information is available from Council's Compliance Team Unit.
Amendments to the Environmental Planning and Assessment Act 1979
“Certain amendments to the Environmental Planning and Assessment Act 1979 No 203 (Act) will commence on 1 March 2018.
The Environmental Planning and Assessment (Amendment) Act 2017 No 60 makes changes of substance to the Act and, as a consequence, the Act has been renumbered in a decimal format. For example, Section 149 Planning Certificates will become Section 10.7 Certificates and Section 149A Building Certificates will be issued under Section 6.26.
Council is committed to updating all relevant documents in a timely manner. This will include planning instruments, applications, approvals, orders, certificates, forms and other associated documents in both printed and electronic versions.
"Shoalhaven City Council is required to implement these changes and regrets any inconvenience caused to the local business, industry and the community. “