149 Certificate

A 149 Certificate is a planning certificate under Section 149 of the Environmental Planning and Assessment Act 1979. Planning certificates give information on the development potential of a parcel of land including the planning restrictions that apply to the land on the date the certificate is issued. There are 2 types of 149 Planning Certificates, 149/2 and 149/5.

What is a 149 Certificate?

A 149 Certificate is a planning certificate under Section 149 of the Environmental Planning and Assessment Act 1979. Planning certificates give information on the development potential of a parcel of land including the planning restrictions that apply to the land on the date the certificate is issued. There are 2 types of 149 Planning Certificates, 149 (2) and 149 (5).

What is the difference between a 149(2) Certificate and a 149(5) Certificate?

A 149(2) Certificate provides you with information such as the zone, whether the land is affected by any Draft Local Environmental Plans and Development Control Plans, whether the land is affected by Mines Subsidence and Restrictions on development due to natural hazards such as landslip, flooding or bush fire. A 149 (2&5) Certificate provides you with all of the above information plus additional information such as unhealthy building land and other matters which includes any other information Council feels is relevant to the land.

How do I apply for a drainage diagram on the 149 Application?

Tick appropriate box on the 149 Application and pay the applicable fee.

Click here to download an information sheet about 149 Certificates.

Why do I need a 149 Certificate?

When land is bought or sold the Conveyancing Act 1919 requires a 149 Planning Certificate to be attached to the contract of sale. It may also help an existing owner to decide about the uses of their land.

Is there a fee involved?

Yes. A 149 (2) Certificate costs $53.00 and a 149 (2&5) Certificate costs $133.00. 149 Certificates must be paid for up front.

How do I apply for a 149 Certificate?

You need to complete an application form which is available for download by clicking here.

How do I pay for a 149 Certifiate?

If emailing completed form, payment can be made with Credit Card (0.6 % surcharge applies) by phoning 66321611 or direct deposit to Kyogle Council – BSB 062-563 Account No 00000011 (email remittance advice to council@kyogle.nsw.gov.au)

If posting completed form, a cheque is to accompany the form, or a direct deposit can be made into Council’s account and the remittance advice sent with the form.

How long do they take to process?

We usually require 4 working days to process your application.

What if my application is urgent? Can I pay an urgency fee?

If your application is urgent an urgency fee will apply in addition to the basic fee. For urgent requests we endeavour to process the application within 24 hours.