Buying and Selling
Council encourages the use of qualified professionals when people are buying or selling a home as property transfer can be very complex.
When purchasing or selling your home, there are a number of certificates that are required, or recommended, for transfer to take place. These include:
Download the Certificate Apllication to apply for the above certificates (excluding the 149D Building Certificate).
Certificates can be ordered through Council’s on-line service, though you must be a registered user.
Dont forget to download and lodge the Change of address form
Outstanding Rates - Section 603 / 360 Certificate
Before settlement it’s important that the purchaser knows what rates are outstanding to ensure that the vendor pays what’s outstanding up to the date of sale. When a property is sold the new owner becomes liable for payment of all rates and charges including water usage charges even where the water usage relates to a period prior to the purchase.
The Section 603 certificate relates to rates under the Local Government Act 1993.
The Section 360 certificate relates to water usage charges under the Water Management Act 2000.
If a property doesn't have a water service connected or available for connection a Section 360 certificate can be ordered separately
Council will provide verbal updates to both the purchaser and the vendor for up to three months from the date the certificate was issued. If updates are required after this date, another section 603/360 certificate will need to be issued.
Information on the certificate includes:
- Charges levied for the rate (financial) year
- Arrears and charges brought forward from the previous rate year
- Interest and legal fees, current and arrears
- Postponed rates, including interest
- Pension rebates
- Water usage charges, including arrears and interest arrears brought forward from previous year
- Water meter number, date of the last reading and average daily usage
A Special Water Meter Reading is an additional reading that advises the projected usage charge. The projected charge is included in the next water usage account issued. Normally, water meters are read around every six months.
149 Planning Certificate
A Planning Certificate provides information on how a property (such as land, a house, a commercial building, etc.) may be used and the restrictions on its development.
The detail that must be contained in the Certificate is specified by Section 149 of the Environmental Planning and Assessment Act. Items covered in a Certificate include the property’s zoning and permissible and prohibited uses.
There are two versions of the Section 149 certificate: a 149 (2) and a 149 (5), which contains more extensive information.
A 149 (2) includes:
- Lot and Deposited Plan;
- Local Environmental Plan’s that apply to the property (including drafts);
- State Environmental Planning Policy’s that apply to the property (including drafts);
- Development Control Plan’s that apply to the property;
- Flooding and fire hazard
A 149 (2) & (5) includes the above details, plus Council resolutions such as;
- Specific resolutions and/or covenants relating to 'Conditions of Consent';
- Specific foreshore building lines;
- Possible conservation order;
- Specific flood notations; and
149D Building Certificate
To find out the status of development on a property you need to apply for a Building Certificate. A survey of the property needs to be attached to the application. Council will review approvals on the property and carry out a site inspection.
A Building Certificate that’s issued by Council will state that for a period of seven years, Council won’t take any action against buildings that are covered by the certificate:
- To be demolished, altered, added to or rebuilt; or
- If there is an encroachment onto Council land.
The certificate will also note any Building/Development Applications on record and whether they have been finalised or not. However, it will not identify if there are structural faults, insect damage, water problems, or other construction defects or damage.
These certificates are often applied for when buildings works have been undertaken without Council approval.
If there are any unauthorised building works on a property that do not comply with the Building Code of Australia, their referenced standards, Council’s Development Control Plan or Section 79C of the Environmental Protection Act 1979 the building certificate may not be issued and a demolition order may be issued.
Download the 149D Building Certificate Application Form (513.50 KB) or 149D Building Certificate Application - Unauthorised Works (303.50 KB).
Orders and Notices Certificate
A property may have outstanding orders from Council requiring the owner to undertake certain works. This may include things such as overgrown land, or removal of illegal structures. When a property is sold the responsibility to carry out these work is the new owners.
Orders and notices issued against a property are in accordance with the relevant legislation:
- Environmental Planning & Assessment Act 1979
- Local Government Act 1993
- Food Act 2003
- Public Health Act 1991
- Swimming Pools Act 1992
- Noxious Weeds Act 1993
There are three kinds of diagrams that can be purchased.
Sewer diagrams show the general location of sewer mains in relation to property boundaries, the location of sewer junction connection points and junction depth. This is required for settlement contracts.
Drainage connection plans show the internal plumbing. These are submitted to Council by licensed plumbers upon the completion of connecting a building to Council’s sewer system. These aren’t required for conveyancing purposes.
A long section is an engineering diagram that shows the location of the sewer main and a cross section of the main. It contains details such as pipe name, manhole name and number, pipe length (chainage), etc.
Road Widening Certificate
This outlines if there is any future road widening that’s proposed by:
- The Roads Act 1993 (Division 2 Section 25)
- Environmental Planning Instrument
- Council Resolutions
Call Customer Contact on (02) 4350 5555 if you have any additional questions.