What a Section 10.7 certificate doesn't tell you
The s10.7 planning certificate is a legal requirement in every NSW property transaction. It covers zoning, heritage, and basic hazard overlays. But it does not cover flood depth, DCP controls, development potential, insurance costs, contamination history, or biodiversity offset triggers. Here are the gaps — and what to check instead.
Section 10.7 planning certificate — what you get vs what you don't
What the certificate covers
What the certificate does not cover
What the certificate actually contains
A Section 10.7 planning certificate is issued by the local council under Part 10.7 of the Environmental Planning and Assessment Act 1979. It discloses information prescribed by regulation, drawn from the council's records about planning instruments that apply to the land. The standard s10.7(2) certificate includes:
- The zoning of the land under the Local Environmental Plan
- Whether the land is heritage-listed (local or state significance)
- Whether the land is in a flood planning area (binary yes/no)
- Bush Fire Prone Land status
- Acid sulfate soil classification
- Contamination notations (only if council has recorded them)
- Road widening, road realignment, or land acquisition proposals
- Whether any SEPP, REP, or deemed SEPP provisions apply
This information is drawn from planning instruments — the LEP, SEPPs, and any relevant state policies. It is factual. It is limited. And it is exactly the same for a $400,000 unit in Campbelltown and a $4,000,000 house in Mosman.
What it misses — and why it matters
Flood depth and frequency
The certificate tells you flood controls apply. It does not tell you whether the property floods to 0.3m or 3m, whether it is a 1-in-20-year or 1-in-100-year flood, or whether there is overland flow risk. After the 2021 and 2023 legislative changes, the certificate may now show less flood information than it used to.
DCP controls
Development Control Plans contain the specific rules that govern what you can build: setbacks, floor space ratios, height controls, parking requirements, landscaping minimums, lot width requirements. None of this appears on the s10.7 certificate. The certificate confirms a DCP exists. It does not tell you what it says.
Development potential
Can you build a granny flat? Is the lot large enough for subdivision? Does the zoning permit dual occupancy? These are the questions buyers care about most, and the certificate answers none of them. Determining development potential requires cross-referencing the LEP zone, SEPP Housing 2021, the DCP, and site-specific constraints.
Biodiversity offset triggers
The NSW Government has explicitly confirmed that the s10.7 certificate does not disclose whether land is on the Biodiversity Values Map. If it is, any vegetation clearing triggers the Biodiversity Offsets Scheme — a process that costs $50,000 to $500,000 and takes 4 to 12 months. Discovering this after exchange is a significant financial risk.
Insurance cost implications
The certificate tells you hazard overlays apply. It does not tell you what that means for insurance. A property in a flood planning area may face $1,000 to $5,000 higher annual premiums. A property on Bush Fire Prone Land at BAL-40 or BAL-FZ may be uninsurable. None of this is on the certificate.
Neighbour development activity
An approved DA next door — a boarding house, a multi-storey residential flat building, a childcare centre — does not appear anywhere on your planning certificate. Neither does a recently lodged DA that has not yet been determined.
The difference between s10.7(2) and s10.7(5)
s10.7(2) — standard certificate
- ●Costs $53 (2026 rate)
- ●Includes only information prescribed by regulation
- ●Required for every property transaction
- ●Covers: zoning, heritage, hazard overlays, road proposals
s10.7(5) — additional information
- ●Costs $153 (2026 rate)
- ●Council may include any additional information it considers relevant
- ●Content varies significantly between councils
- ●May include: flooding detail, contamination notes, drainage, road classification
The s10.7(5) certificate can include more detail, but councils are not obligated to include specific information. What you get depends entirely on the council. Some councils provide substantial additional detail. Others provide almost nothing beyond the standard s10.7(2) content.
Neither version tells you what the DCP says, what you can build, or what insurance will cost. They are regulatory disclosure documents, not property intelligence reports.
What to check beyond the certificate
The s10.7 is a starting point. Here are eight checks that fill the gaps:
What else to check beyond the s10.7
Get an insurance quote
Reveals the insurer’s risk model for the address — flood, bushfire, storm. Free and more informative than any certificate.
Source: Any insurer (free)
Check flood depth and frequency
The certificate says flood controls apply. It does not say how deep the water gets. Check council flood studies or the SES Flood Data Portal.
Source: SES Flood Data Portal / council
Check the Biodiversity Values Map
If your land intersects, any clearing triggers the Biodiversity Offsets Scheme. Costs: $50K–$500K. Not disclosed on s10.7.
Source: NSW SEED Portal (free)
Review the DCP for specific controls
DCPs contain setbacks, FSR, height, parking, landscaping — none of which appear on the certificate. These controls determine what you can actually build.
Source: Council website or PlotDetect
Check for nearby DAs
An approved DA next door — a boarding house, a 6-storey building, a childcare centre — will not appear on your certificate.
Source: NSW Planning Portal / council
Check infrastructure contribution rates
Section 7.11 and 7.12 contribution levies can add $20K–$80K+ to any development. Not on the s10.7.
Source: Council contributions plan
Check contamination history
The certificate shows current contamination notations. It does not show former uses (petrol station, dry cleaner, industrial) or remediation status.
Source: NSW EPA CLR (free)
Check climate risk exposure
Coastal erosion, urban heat, future flood mapping under climate projections. None of this is on the certificate today.
Source: PlotDetect Climate Risk Score
PlotDetect's Conveyancing Planning Disclosure report consolidates many of these checks into a single document — covering LEP, SEPP, DCP constraints, environmental overlays, and development potential for any NSW address.
Why conveyancers should go further
The s10.7 certificate meets the minimum legal requirement for property transaction disclosure. But minimum disclosure is not the same as adequate due diligence. A buyer who discovers a $50,000 biodiversity offset requirement after exchange — information the certificate does not disclose — has a legitimate grievance.
Conveyancers who supplement the certificate with planning intelligence reports, flood checks, and environmental overlay verification are providing genuine risk protection. It is also a professional liability argument: documenting that you checked beyond the minimum is stronger than documenting that you only checked the minimum.
PlotDetect provides planning disclosure tools for conveyancers that can be added as a disbursement to the client's settlement statement.
Frequently asked questions
Is a s10.7 certificate the same as a s149 certificate?
Yes. Section 149 certificates were renamed to Section 10.7 certificates when the Environmental Planning and Assessment Act was amended in 2018. They are the same document. Older references to “s149” mean the same thing.
Should I get a s10.7(2) or s10.7(5)?
Most conveyancers order the s10.7(2) as standard. The s10.7(5) costs $100 more and may contain additional council-specific information, but the content varies. For properties with potential environmental or flood issues, the s10.7(5) can provide useful additional detail — but check with the specific council what they typically include.
Does the certificate show what I can build?
No. The certificate shows the zoning, which determines broad land use permissibility. It does not show DCP controls, lot-specific constraints, or development feasibility. To understand what you can build, you need to cross-reference the LEP, DCP, and applicable SEPPs with the site dimensions and constraints.
Can I check if my house is in a flood zone without a s10.7?
Yes. The NSW Planning Portal, the SES Flood Data Portal, and council websites provide flood information without ordering a certificate. PlotDetect's flood check also provides depth and frequency data — information the certificate does not include.
How long is a s10.7 certificate valid?
There is no formal expiry period. However, the information reflects planning instruments at the date of issue. LEP amendments, new SEPPs, or flood mapping updates can change what applies. In practice, most conveyancers order a fresh certificate for each transaction.
See what the certificate doesn't show
PlotDetect's Conveyancing Planning Disclosure report covers LEP, SEPP, and DCP constraints, environmental overlays, development potential, and hazard exposure — the information the s10.7 leaves out.
Run a planning disclosure report