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Section 149 Certificate: What property investors should know

The Section 149 certificate, which is also called a zoning certificate, is one of the documents that could affect the process of any property development.

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According to Plan Assist Property Team’s Christine Xegas, the certificate is generated by the local council based on the Local Environment Plan and is specific to each and every property.

Among the details provided by the certificate are:

  1. Land zone
  2. Concerns - such as whether the site could be affected by bushfire, flooding, road widening, and the like.
  3. State government policies that apply to the site (such as State Environmental Planning Policy or SEPP).

The said certificate is required for the approval of a property development project.

Christina said: “If you wish to obtain approval for a [property] development via Complying Development—through a private certifier rather than [a local] council—the Section 149 certificate [should] be no more than 2 months old.”

All other required documentation for the approval of your development project will be largely dependent to what is contained in the Section 149 Certificate.

For example, if it is stated that the property is in a flood zone, you may be required to produce a flood report or even be required to build a higher dwelling—otherwise, you may be totally prohibited and be refrained from building and constructing.

“The Section 149 Certificate is one of the most important items to be read prior to purchasing a site as the restrictions on the property may greatly affect the sale price,” Christina concluded.

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