Buying and selling

Certificates

You may need to obtain certain certificates before buying or selling a property. Please always seek legal advice or consult your agent to determine which certificates you require. 

Section 22D Certificate

Issued under Section 22D of the Swimming Pools Act 1992.

Council officers inspect the swimming pool barrier to determine if it complies with the Act. If the barrier is compliant then a Certificate of Compliance is issued.

You will need your pool registration number to lodge a 22D certificate.

Please be advised:
There is currently approximately a 4 week delay for pool inspections to allow for application processing.

Find your pool registration number.

Order Section 22D Certificate

Section 64 Certificate

Issued under Section 64 of the Noxious Weeds Act 1993.

We will advise you if there are any weed control notices applying to a property. We also provide information about outstanding expenses owed to us and charges relating to the control of noxious weeds.

Order Section 64 Certificate

Section 88G Certificate

Issued under Section 88G of the Conveyancing Act 1919.

We will advise you if there is any money owing due to a failure to comply with a positive covenant imposed on the title of a property. We will also tell you if we have carried out works under the terms of the positive covenant and the cost which we may recover from the property owner.

Please be advised:
 Applications for this certificate require a copy of the Section 88B Instrument describing the terms of the positive covenant to be attached.

Order Section 88G Certificate

Schedule 5, Clause 41 (formerly Section 121ZP) Certificate

Issued under Schedule 5, Clause 41 of the Environmental Planning and Assessment Act 1979.

We will advise you if there are any outstanding notices or orders we have served regarding development or construction on a property.

Order Schedule 5 Clause 41 Certificate

Section 10.7 Certificate

(Previously known as Section 149 Certificate)

Issued under Section 10.7(2)and 10.7(5) of the Environmental Planning and Assessment Act 1979.

Details what restrictions apply to developing the property. We provide information such as the property's zoning, whether it's subject to future road widening, if it's a heritage item or if the land is contaminated.

A Section 10.7 Planning Certificate is required as part of a contract of sale. You should seek advice from a solicitor to see if you need Part 2 of the Certificate only or the full Certificate which includes Parts 2 and 5. 

Order Section 10.7 Certificate

Building Information Certificate

(Previously known as Section149D Certificate)

Issued under Division 6.7, Section 6.24 of the Environmental Planning and Assessment Act 1979.

Known as a Building Information Certificate, it gives property owners, potential buyers and financial institutions assurance that unapproved built structures on a property are in reasonable repair, safe and have our approval.

The certificate means that, under the Environmental Planning and Assessment Act 1979 or the Local Government Act 1993, we will not order or take proceedings for an order to have the building demolished, altered, added to or rebuilt, or take proceedings in relation to any encroachment by the building onto land under the control of Council for a period of seven years.

You can view information relating to Building Information Certificates for unauthorised works on a property by searching the address through DA Tracking and DA Online Mapping.

Read Accessing Building Information Certificates (Unauthorised Works) Online(PDF, 649KB) for how to search for these applications. 

Please be advised:

Read the Information Sheet for Application for Building Information Certificate(PDF, 178KB) prior to applying for your Building Information Certificate

Order Building Information Certificate

Section 603 Certificate

Issued under Section 603 of the Local Government Act 1993.

We will advise you if there is an amount due or owing by the way of rates, charges or otherwise for a particular property.

Order Section 603 Certificate

Section 735A Certificate

Issued under Section 735A of theLocal Government Act 1993.

We supply information about whether there are any outstanding notices we have issued under this Act for any property in Ku-ring-gai. We will explain the action we may propose to take or intend to take in relation to any outstanding notice.

Order Section 735A Certificate

Apply for any of these certificates online

Search development approvals

You can search records for old development consents. These are useful if you want to know what conditions apply to use of a premises, such as the approved trading hours for a restaurant, or whether the current use of a premises is lawful. There may also be special conditions relating to car parking, landscaping or waste management you need to comply with when seeking approval through the complying development process.

There are two options for researching the history of development consents:

  • Search Development Application (DA) files online. Use DA Tracking to check if a DA has been approved on the property since 2008. Only approved plans and notices of determination are available for DAs submitted before 1 December 2010.
  • Search DA or Complying Development Certificate (CDC) files in person

You can apply for access to older DAs, complying development certificates and property files by lodging a Request for Informal Access to Council Information(PDF, 556KB). Generally, our paper records go back to the late 1980s but we can often give advice on how to access even earlier records that may still exist. It can take up to two weeks to retrieve old files. Please note that we cannot photocopy plans, drawings without the written consent of the author of the items.

Drainage easements and sewer mains

Private drainage easement

A certificate of title will tell you if there is a registered private (inter-allotment) drainage easement on a property. If there is a drainage easement on your property, your title certificate will have a notation under the Second Schedule with a number. This is the instrument number, or 'dealing'. The instrument describes the terms of the easement, including which properties have the benefit of the easement.

 Apply at Land and Property Information

Sometimes these easements do not contain any pipes and sometimes a pipe has been laid without an easement being created over it. Sometimes a proposed easement is shown on a subdivision plan, but the easement was not registered. That is why the Certificate of Title is the only reliable way to confirm whether or not an easement exists and a field survey will determine if a pipe has been laid.

It should be noted that Council is not responsible for the maintenance of private inter-allotment drainage systems. A fee applies for any drainage search undertaken by Council.

Council drainage easement

A Certificate of Title will tell you if there is a registered Council drainage easement on a property.

Apply at Land and Property Information

We hold records of our drainage systems across private property, which may provide extra information such as dimensions and discharge capacity. However we cannot guarantee this information or its accuracy. To access these records you can apply for a Search of Operations Records(PDF, 274KB).

In rare circumstances, a Council stormwater pipe may traverse a property without an easement. On the other hand, a drainage easement that benefits Council may not contain a stormwater pipe. Some very old pipes are not within the easement.

A fee applies for any drainage search undertaken by Council.

Sewer mains

Sewer mains are owned and maintained by Sydney Water. Sewer mains are not required to be covered by easements. A sewer service diagram will show you the location of your private house service line and usually show the location of the connection to the sewer main. 

Apply for a copy from Sydney Water