Section 10.7 Planning Certificates: What NSW Property Buyers Need to Know

Intro

When you’re buying property in NSW, most of the contract feels like legal boilerplate. But buried in the fine print is something that actually matters—your Section 10.7 Planning Certificate.

It’s not just a compliance checkbox. This document can reveal zoning, restrictions, and future land use risks that may seriously affect the value or development potential of the land you're buying.

What Is a Section 10.7 Certificate?

Formerly known as a "zoning certificate," a Section 10.7 certificate is issued by the local council under the Environmental Planning and Assessment Act 1979 (NSW).

There are two types:

• 10.7(2): Basic zoning and land use information (required in all contracts for sale)

• 10.7(5): Optional, more detailed certificate (can include draft plans, proposals, and risks)

The certificate forms part of the mandatory disclosure documents in a property contract.

Why It Matters in Practice

Here’s what property buyers should pay attention to:

• Zoning codes and land use restrictions

• Flood zones, bushfire risk, acid sulfate soils

• Any proposed future developments nearby

• Restrictions on subdivision, building heights, or usage

This isn’t just developer territory. Even residential buyers may be impacted by upcoming rezoning or overlays.

Recent Relevance: The 2025 Zoning Uplift

The NSW Government’s recent move to enable six-storey medium-density development around transport hubs triggered significant planning changes.

But the 10.7 certificates haven’t caught up yet. Many contracts still reflect outdated zoning, and vendors aren’t required to disclose the likely uplift—only what’s currently in place.

That means buyers—and agents—need to do their own due diligence if development potential is part of the appeal.

What to Watch For in 2025

• Conflicts between zoning and marketing: If the listing says “future development potential,” check the certificate carefully.

• Missing 10.7(5) certificates: If you want visibility on proposed changes, request the more detailed version.

• Discrepancies with council maps or LEPs: Always cross-check the data with council planning portals.

Best Practice Tips for Property Buyers

• Review both the 10.7(2) and (5) when available

• Call council if the certificate is vague or outdated

• Have your lawyer or conveyancer flag red flags early, especially for strata, flood-prone or large sites

• Don’t assume development potential unless you see it in writing

Why It Matters

Planning certificates are one of the few places where the law requires councils to tell the truth about a property’s legal use and restrictions.

But their scope is limited, and they can lag behind real-world development changes. If you're a buyer (or advising one), it's not just what’s in the certificate that matters—it’s what’s not.

Need Help?

I provide fixed-fee reviews of NSW contracts—including Section 10.7 certificates. If you’re buying with an eye to future value, let’s check what the land can really do.