» Buying or selling a property
» What is a Section 149 Planning Certificate?
» What is a Dwelling Entitlement?
» Information relating to prior development consents issued over the land
» House Drainage Diagram or Sewer Service Diagram/Junction, which diagram do I need?
» What is a Building Certificate?
» What is a Swimming Pool Compliance Certificate?
» What is an Outstanding Notice?
» What is a Request for a Copy of Application Documents?
Buying or Selling a Property
When buying a property a person should initially seek legal advice from a solicitor/conveyancer who will give you detailed information to protect your interests including specific requirements of the Conveyancing Act.
Information about a specific property can be sought from Council on request and payment of the relevant fee. The request for information is usually applied for by the owner or someone with the written consent of the owner or by the Solicitor.
For every property transaction you make, you need to think about tax implications.
Property transactions can be complex. To support taxpayers, the ATO has developed a range of publications that:
- outline the various goods and services tax (GST) treatments on property acquisition, development and disposal.
- can assist taxpayers and developers meet their taxation obligations and can be accessed on our website at www.ato.gov.au
To help you to determine property related GST obligations, refer to the GST and Property Guide on the Australian Taxation Office website.
What is a Section 149 Planning Certificate?
Section 149 Planning Certificates, also known as zoning certificates, are legal documents issued by Council under the provisions of Section 149 of the Environmental Planning and Assessment Act 1979. The certificate provides information on planning controls and any development restrictions which may apply to a particular parcel of land within the Council area. They are usually required upon the sale or purchase of a property. A zoning certificate must be included in the sale contract.
There are two types of certificates:
- 149 (2) Certificate - Provides information about the zoning of the property, the relevant state, regional and local planning controls and other planning affectations such as heritage, land contamination and road widening; and
- 149 (2) and (5) Certificate - Provides additional advice regarding demolition, foreshore building lines, other heritage considerations and general advice.
The standard certificate is generally processed within five working days. An additional fee can be paid for an urgent 149 certificate.
What is a Dwelling Entitlement?
A dwelling entitlement is a provision that allows for the erection of a dwelling house in particular zones. Not all properties have a legal right to build a dwelling on them. Dwelling Entitlements can be dependant upon zoning, lot size and date of subdivision approval.
Dwelling Entitlement advice cannot be given verbally. A request for a Written Response must be made in writing and submitted to Council with the applicable fees (refer Current Fees and Charges) and a determination will be made as to whether a property has a legal right to construct a dwelling.
Send your request to:
Port Macquarie-Hastings Council
PO Box 84
Port Macquarie NSW 2444
Be sure to include your name, contact details and property details in your letter.
View Council's Schedule of Fees and Charges here.
Request for information relating to previous property development consents.
To assist in establishing whether the existing use of the property is lawful or assist in the lodgement of future applications, you can request information from Council as to past Development Approvals granted on the land.
A duty planner is available to assist with this type of enquiry from 8.30am to 1pm, Monday to Thursday. Phone 6581 8111.
Should a written response be required, please put your request in writing along with the relevant fee (as per Councils Fees & Charges).
| HOUSE DRAINAGE DIAGRAM | SEWER SERVICE DIAGRAM/JUNCTION |
The internal layout of house plumbing lines as they have been laid for the development. Showing the direction and location of the pipes all the way to the outside. |
A sewer service diagram/junction shows where Council's sewer mains are located in relation to the property and the location of the sewer junction which is the point at which the internal (private) pipes join Council's sewer main. |
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You can make an application to Council to obtain either of these diagrams for your property. Complete the application form titled House Drainage Form, which can be found under Development, Environment & Planning - Application Forms.
Please note: No refund will be applicable if the Diagrams are not available.
What is a Building Certificate?
A Building Certificate is a certificate issued by Council under the Environmental Planning & Assessment Act 1979 stating it will not Order or take proceedings for an Order, to have the building (covered by the certificate) demolished, altered, added to or rebuilt. In addition, Council will not take proceedings in relation to any encroachment of the building onto land under the control of Council. The certificate is valid for a period of seven (7) years.
Why do I want a Building Certificate?
Obtaining a Building Certificate for a property is a way an owner, potential purchaser or a financial institution can be assured that the structural assets on the property are in reasonable repair, safe and have the approval of Council.
A Building Certificate is often obtained for:
- the sale of the property; or
- refinancing loans associated with the property.
Who can apply for a Building Certificate?
- The owner(s) of the land on which the building is erected;
- anyone having the owner(s) written consent;
- a solicitor or conveyancing agent acting for a purchaser or the owner(s);
- a public authority that has notified the owner(s) of its intention to apply for the certificate.
How do I apply for a Building Certificate?
You can apply for a Building Certificate by downloading the Building Certificate application form and submitting to Council with a current survey report of the site which is a true representation of all improvements on the land.
What is a Swimming Pool Compliance Certificate?
A Swimming Pool Compliance Certificate is a formal certificate issued by Council which states that at the time of inspection the swimming pool complies with the requirements of Part 1 of the Swimming Pools Act 1992 and relevant Australian Standard which includes the requirements for swimming pool fencing.
Additional advice
Not sure of your responsibilites as a pool owner, check out this page Swimming Pools and Your Responsibilities
Outstanding Notices on Property within the Port Macquarie-Hastings Area.
An Outstanding Notice under Section 735A of Local Government Act 1993 and Section 121ZP of Environmental Planning and Assessment Act 1979, is advice as to whether a notice or order has been issued by Council on land within Councils area, in relation to health or building matters.
The Local Government Act and Environmental Planning and Assessment Act allows a person to apply to Council to find out if there is any notification, order, direction or demand outstanding on a property.
For an application form please follow this link Development & Environment - Application Forms. Charges apply, please refer to Council's current Fees and Charges.
What is a Request for a Copy of Application Documents?
Application may be made to obtain a copy of application documents that have been submitted to Council in relation to Development. As document copying charges apply, it is recommended that you first arrange to view the file to select the particular plans or detail required.
Owners consent will be required for a copy of floor plans, without this only site and elevations are available.
Please note that some applications have been microfiched and alternative arrangements apply, please complete application form and we will contact you where necessary.
Please also note that requests are dealt with as soon as practicable after receipt. Minor developments (dwellings, additions, swimming pools etc) will usually be processed within 14 working days and major developments (motels, commercial buildings, industrial buildings, multi-storey residential etc.) may take up to 28 days.
For an application form go to Miscellaneous Forms on the following link Application Forms and choose Copy - Application Documents and please read "Important Information to Applicants"
Copying fees apply and are listed in under D&E Information in Council's Fees and Charges. Please note, copies of Building Certificates incur a special fee under EPA Regulation 261.
