Section 10.7 Certificate – For Granny Flats. The Complete Guide.
When planning a granny flat, a concern may be if there are building restrictions on your property. This can easily be solved by acquiring a Section 10.7 Certificate. So, what exactly is a Section 149 / 10.7 certificate?
A Section 10.7 Certificate is issued by your Council under the provisions of the Environmental Planning and Assessment Act (EPA). It provides information on how your land may be used and the restrictions on its development.
Today I will cover the difference between Section 10.7 and Section 149 Certificates. I will discuss what the certificate tells you. And provide an example certificate, giving a breakdown of what it shows you below.
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I will discuss how to interpret the Certificate. Lastly, I will mention what to do once your certificate has been issued!
Difference Between Section 149 Certificates and Section 10.7 Certificates
There is really no difference between the Section 149 and 10.7 Certificate.
The EPA regulates Planning Certificates, so when this happened, the name of the Certificate was changed. What was previously known as the Section 149 Certificate was updated to the Section 10.7 Certificate.
What Does the Certification Tell You?
The Certification is known as a “zoning certificate”. They are legal documents issued by NSW Council’s under the EPA.
The Certificate is:
A title-related document noting restrictions placed on owners and their land-use.
So, with a Certificate 10.7, you can see:
Most restrictions, controls and conditions that apply to the land.
How the land can be used.
Any restrictions on development.
Breakdown of an Example Certificate and What it Shows You
An example of Page 1 of a Section 10.7 Certificate (formerly Section 149 Certificate) is below.
Example Pages from a Section 10.7 Certificate
This includes general information including:
Your local council.
Your name and address.
The Certificate Number and Date (they expire after 3 months).
Your Lot Description in legal terms.
Your Zone – This is important for further detail on restrictions on land zone uses.
How to Interpret a Section 149 or Section 10.7 Certificate
Your Certificate will provide information on the below.
STATE ENVIRONMENTAL PLANNING POLICIES (SPECIFIC TO YOUR LOCATION AND GENERAL)
Each environmental planning policy that applies to developing your land.
All proposed environmental planning instruments that will apply.
Every environment policy that is/has been the subject of community.
Read carefully, as these show restrictions that apply to building on your land.
ZONING AND LAND USE (UNDER RELEVANT LOCAL ENVIRONMENTAL PLANS)
This identifies your zone, either by:
Reference to a name (i.e. “Residential Zone” or “Heritage Area”)
Reference to a number (i.e. “Zone No 2(a)”).
It then shows what special activities are permitted in your zone:
Without consent (i.e. jetties, moorings, roads).
With consent (i.e. port facilities, neighbourhood shops, environmental facilities).
It also shows what is prohibited within your zone, for example:
Centre-based childcare facilities
You are also advised whether you are located within a:
An item of environmental heritage is located on your property.
These are your development control plans.
Housing Codes – These state what extent your property is land on which you can undertake complying development.
It advises if your land is affected by:
Low Rise Medium Density Housing Codes
Rural Housing Codes
Housing Alterations Codes
General Development Codes
Commercial and Industrial (New Buildings and Additions) Codes
Commercial and Industrial (Alterations) Codes
Container Recycling Facilities Codes
Fire Safety Codes
If your land is not affected by these, your Certificate will read that;
Complying development may be carried out for these codes
If you are going to try and build yourself, see my article “Can You Build Your Own Granny Flat?“. This will advise you what other permits you need to get from your council now you are aware of your restrictions.
The hazards shown on your Certificate should also be taken into account when planning your build. For example, if the land is affected by landslip, obtain the services of a qualified engineer and building surveyor.
After all, your safety is the most important factor.
A Section 10.7 (formerly Section 149) Certificate is very important to acquire when planning to build a granny flat. It lets you know what you can and cannot build on your land, what your restrictions are.
Only once you have obtained this Certificate can you start properly designing. And feel a lot more confident you will have a fully approved granny flat.
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