Buying & Selling a Property

When considering buying or selling a property in the Berrigan Shire it is important to understand the exact requirements, hazards, outstanding orders or notices that may affect the purchase or sale of the property.

Section 149(2) & Section 149(5) Planning Certificates

When land is bought or sold, the Conveyancing Act, 1919 requires a Section 149 Planning Certificate to be attached to the contract of sale. You may also need one for redevelopment of a property or to help an existing owner decide about the uses of their land.

These Certificates provide 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.

(Your solicitor or agent may advise you which certificate is required.)

We usually require 2-3 working days to issue Section 149 Planning Certificates from the time Council receives your application.

Application for Section 149(2) & (5)

Section 603 Rates Certificate

When land is bought or sold, the Conveyancing Act, 1919 requires a Section 603 Certificate to be attached to the contract of sale.

Under Section 603 of the Local Government Act 1993 a person may apply to the council for a 603 certificate as to the amount (if any) due or payable to the council, by way of rates, charges or otherwise, in respect of a parcel of land.

Section 735A Outstanding Notices or Orders

Advises whether there are any outstanding notices or orders applying to the property which have been issued under the Local Government Act 1993.

Application for Section 735A Certificate

Section 121ZP Outstanding Notices or Orders

Advises whether there are any outstanding notices or orders applying to the property which have been issued under the Environmental Planning & Assessment Act 1979.

Section 149A Building Certificate

This certificate is issued by Council to the owner of a building, the owner’s agent, or someone who is going to purchase the building, to certify that during the next seven years, Council will not make certain orders or take certain action in relation to the building, i.e. order the building to be repaired, demolished, altered, added to or rebuilt.

Application for Building Certificate

Section 124 Swimming Pool Certificate

On application, Council issues this Certificate to the owner of a premises on which a swimming pool is situated. An inspection of the pool and its enclosure is conducted and if Council is satisfied that the pool complies with the requirements of the Swimming Pools Act a certificate is issued.

Application for Swimming Pool Certificate

Selling a property if you Built as an Owner Builder

An Owner Builder has a responsibility to a property for six years after Final Occupancy is issued by Council. If the property is being sold within six years, the Owner Builder is obliged to take out Home Warranty Insurance for the remaining years. i.e. If the property is being sold four years after final occupancy, the Owner Builder is required to take out Home Warranty Insurance for the remaining two years. This is a requirement only where the market value of the whole project (labour and materials) was more then $12,000.

The Department of Fair Trading can be contacted for advice www.fairtrading.nsw.gov.au

How do I apply for a Certificate or Report?

Download your application form and either lodge in person by visiting our Customer Service Centre at the Council Chambers situated at 56 Chanter Street, Berrigan or you can mail your application together with a cheque for payment to Berrigan Shire Council, P.O. Box 137, Berrigan NSW 2712

Payment in full will be required at the time of lodgement.