Section 149 Certificates
What is a 149 Planning Certificate?
Planning Certificates are commonly known as 149 Certificates which reflect the relevant section of the Environmental Planning and Assessment Act 1979. The matters which must be contained in the Planning Certificate are specified in Schedule 4 of the Environmental Planning and Assessment Regulations 2000.
*A planning certificate contains information correct on the day of issue as planning controls may change at any time.
Why do I need a Section 149 Planning Certificate?
When land is bought or sold, the Conveyancing Act 1919 requires a Section 149 Planning Certificate to be attached to the contract of sale. Another reason is to help an existing owner decide about the uses of their land.
There are two different Planning Certificates available:
- 149(2) Planning Certificate - provides specific information and is a mandatory inclusion in a contract for the sale of land.
- 149(2) and (5) Planning Certificate - provides the same specific information as 149(2) plus such other information concerning the land that Council may be aware of. The extra information is provided in good faith, and the Council does not incur any liability for information provided.
*It is your responsibility to check that you have accurately identified the land you are requesting a certificate on.
What is the fee?
Council charges a fee for the provision of Planning Certificates. Council's current fees include:
- $53 for a Section 149(2) Planning Certificate
- $133 for a Section 149(2) and (5) Planning Certificate
How long does it take?
Planning Certificates are normally ready for collection or post within five working days after receipt of the application.
Who can apply?
Any person can apply for a Planning Certificate.
How do I apply?
Complete the Planning Certificate 149 Certificate Application that can be found on our A-Z forms page which can be posted with a cheque to:
Port Stephens Council
PO Box 42
Raymond Terrace NSW 2324
Visit Councils Customer Service Desk at the Administration Building: 116 Adelaide Street, Raymond Terrace and pay over the counter during office hours.
Strategic Planning Team
Phone: (02) 4980 0326