CHANGES TO SECTION 149(2) CERTIFICATES
& NEW LIMITED PLANNING CERTIFICATES

Changes to Section 149(2) Certificates

Changes were made to the Environmental Planning and Assessment Amendment (Complying Development) Regulation 2009 which, amongst other things, now requires Councils to include the following notation in their Section 149(2) Certificates:-

"Whether or not the land is land on which no complying development may be carried out under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 and, if no complying development may be carried out on that land under that Policy, the reason why complying development may not be carried out on that land."

This change is effective from 27 February 2009. Any contract entered into on or after 27 February 2009 should contain a Section 149(2) Certificate which has been issued by Council after this date, and which addresses this matter. It may be possible to address the matter by an appropriate disclosure in the Contract, however this has not been tested. We would strongly recommend that a new Section 149(2) Certificate be obtained.

New Limited Planning Certificates

The Regulation also provides for Councils to issue a Limited Planning Certificate which refers to only the Complying Development detail.

ouncil are able to issues these Certificates from today and the cost is $40.00 so it would seem only logical just to simply obtain a whole new Section 149(2) Certificate for the same price.

The Limited Planning Certificates must contain the following notation:-

"This certificate has been issued for the limited purpose of identifying whether or not the land the subject of the certificate is land on which complying development may be carried out under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. This certificate is not to be relied upon for the purpose of an Annexure to a Contract for the Sale of Land under the Conveyancing Act 1919.”

In practice this means that a Certificate dated before 27 February 2009 can be used in a Contract, subject to a Limited Planning Certificate also being attached to the Contract. Further information can be obtained by calling our Byron Bay, Lismore or Cabarita office or the NSW Department of Planning's website -
www.planning.nsw.gov.au.

**Note: this information was obtained from the NSW Department of Planning and should not be relied on as legal advice.