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ARTICLE · 23 FEBRUARY 2022

Council not liable for omitting certain information from section 10.7 planning certificate

ClarkeKann Lawyers
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A council would only be liable if the information it was required to or chose to provide was incorrect or misleading.

AustraliaReal Estate and Construction
Greg Lee
Greg Lee
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Takeaways

  • A planning certificate issued pursuant to s 10.7 (previously s 149) of the Environmental Planning and Assessment Act 1979 (NSW)  ("the Act") is required to be annexed to contracts for the sale of land in New South Wales.
  • A Section 10.7 certificate provides important information about the property and what state and local planning controls apply, including whether the land is effected by any restrictions that may hinder future development, such as flood and bushfire risk.
  • What is required to be disclosed in these certificates in regulated by various legislative instruments, and not all affectations to property are required to be disclosed on these certificates.

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