What is a Section 149 Certificate?

Projects

By Christine Xegas

A Section 149 certificate is a zoning certificate that is generated by the local council, which is specific to the property in question. It is based on the Local Environmental Plan (LEP) within the local council.

It includes information such as the land zone (e.g. R2 Residential) as well as whether it is affected by Bushfire, Flooding, road widening etc. It also states which State Government policies apply to the site (SEPP). All property sale contracts will enclose a Section 149 Certificate and it is important that it isn’t too old as policies within councils change on a regular basis. If you wish to obtain approval for a development via Complying Development (through a private certifier rather than council) the Section 149 certificate can be no more than 2 months old. Most council’s will charge around $53 to issue a new certificate.

If you’re looking to do a development, the documentation required for your approval will be dependent on what is shown in the 149 Certificate. If your property is in a flood zone, you may require a flood report and may need to build the floor level of your dwelling higher, or you may not be able to build at all.

The Section 149 Certificate is one of the most important items to be read prior to purchasing a site as the restrictions on the property may greatly affect the sale price.

This article was featured on Smart Property Investor, here. If you are interested in speaking to one of our Project Managers about your project, contact us on 1300 039 801 today to arrange an appointment!

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Christine PicChristine Xegas is a Project Manager at Plan Assist. She orchestrates all aspects of our investor’s developments and has a strong commitment to achieving completion, within budget and on time. We take you through the different stages and processes which can include, site acquisition, development application, construction certificate, tender and contract signing, construction administration and management.

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5 Responses to What is a Section 149 Certificate?

  1. Sathiamoorthy Punniamoorthy says:

    need a 149 certificate for 9 booth st Weatmead lot 14

  2. Steve McGrath says:

    Hi
    My wife and I are considering buying a block of land in Smiths lake up near Forster
    We would like to get a 149 certificate before we bid at the auction
    It is in a Bush fire zone and rated RU5 (village)
    Can you advise as how we can obtain some information as to what we can build
    Thanks
    Steve

  3. Robert says:

    At the time the council issues your certificate does this mean your land and property is complying at that point, and any future development at the property needs DA approval.

    • Admin says:

      Hi Robert,
      A s149 certificate sets out what development is permissible and prohibited as at the date of the certificate. They usually remain current for 60 days from the date of the certificate.
      Kind Regards,
      Harry

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