A buyer downloads a thirty-page PDF from the NSW Planning Portal, sees the zoning, the height limit and the flood overlay, and concludes that due diligence is done. Three weeks later their solicitor asks for the section 10.7 planning certificate. The buyer assumes they already have it. They do not — and if that gap surfaces after exchange, it can unravel a sale.
Both documents answer the same opening question, and both cover zoning, instruments and hazards. They are not, however, two versions of one product. They are two different instruments with different legal foundations — and one of them is compulsory when residential land changes hands in New South Wales. If you are new to the mapping tool itself, start with our ePlanning Spatial Viewer guide.
Key Takeaways
- They are not substitutes. The free property report is an informational summary of mapped spatial data. A section 10.7 certificate is a council-issued statutory document prescribed by regulation.
- Only a section 10.7(2) satisfies conveyancing. A planning certificate is a prescribed document a vendor must attach to a contract for the sale of land. The free property report is not.
- Two tiers, one certificate. Section 10.7(2) is the mandatory tier. Section 10.7(5) is a discretionary advisory tier the council may add.
- The fee is capped in fee units, not set at council whim, so the dollar figure moves each July with CPI.
- Use both, in sequence. Screen with the free report, then order the 10.7 to transact, lodge or commit capital.
What the Free NSW Planning Portal Property Report Actually Is
The Spatial Viewer's Property Report tool — usually a printer icon in the property information panel — generates a PDF of the planning controls applying to a parcel: zoning, the relevant SEPPs and LEP, development standards such as height and floor space ratio, and mapped overlays for bushfire, flood, heritage and biodiversity. It is free, instant, requires no login, and you can generate as many as you like.
What matters legally is where the data comes from. The report is compiled from the NSW Planning Database, the state's spatial repository of planning instruments and mapping layers. It is a display of mapped spatial data — not a council record. It is issued in no prescribed form, carries no council signature, and no legislation gives it legal status; the document itself carries a disclaimer.
That distinction is not pedantry. A mapped layer tells you what the state's spatial dataset shows. It does not tell you what the council knows about the land — whether a building notice has been issued, whether a road widening proposal affects the frontage, or how the council reads dwelling entitlement on an irregular lot. Those are exactly the questions a 10.7 exists to answer.
What a Section 10.7 Planning Certificate Legally Is
A planning certificate is issued by the local council under section 10.7(1) of the Environmental Planning and Assessment Act 1979 (NSW), on application and payment of the prescribed fee. Two subsections do the real work.
Section 10.7(2) — the mandatory tier. The Act provides that the council shall, as soon as practicable, issue a certificate specifying such matters relating to the land as may be prescribed. Those matters are set out in Schedule 2 of the Environmental Planning and Assessment Regulation 2021, which lists twenty-two numbered items, plus additional matters required by section 59(2) of the Contaminated Land Management Act 1997.
Practically, those twenty-two items cover the relevant planning instruments and DCPs; zoning and land use under the LEP or any SEPP that zones the land; additional permitted uses; contributions plans; whether complying and exempt development are available; flood-related development controls; hazard policies (landslip, bushfire, tidal inundation, subsidence, acid sulfate soils, contamination, aircraft noise, salinity, coastal hazards and sea level rise); bushfire prone land; mine subsidence; affected building notices; land reserved for acquisition; road widening; loose-fill asbestos; and biodiversity and vegetation notations.
Since the 2021 Regulation, draft planning instruments and draft DCPs that have not been made within three years of last being on public exhibition need not be included. And until 1 March 2018 the same document was issued under section 149, so older contracts still call it a "section 149 certificate".
Section 10.7(2) vs 10.7(5): The Two Tiers Explained
Section 10.7(5) is where most confusion lives. It provides that a council may, in a planning certificate, include advice on such other relevant matters affecting the land of which it may be aware.
Three words carry the weight: may, other, aware. "May" makes the tier discretionary — there is no prescribed list of 10.7(5) matters. "Other" places it outside Schedule 2, as additional council-specific information. "Aware" means it reflects what that particular council happens to hold, so a 10.7(5) certificate from one council may be far more detailed than its neighbour's. In practice this is where you find notes on dwelling entitlement and permissibility, more granular flood and contamination commentary, and references to council strategic studies.
Why the tier is a separate purchase. Section 10.7(6) provides that a council incurs no liability for advice given in good faith under the 10.7(5) tier — with one carve-out: it does not apply to advice about contaminated land, including the likelihood of land being contaminated. That liability shield is precisely why the advice is offered separately rather than folded into the mandatory certificate. Section 10.7(7) adds that, in certain offence proceedings, a planning certificate is conclusively presumed to be true and correct in favour of the person relying on it.
Why a Section 10.7(2) Is Mandatory When You Sell Land in NSW
This is the part that turns a comparison into a legal obligation.
Under section 52A(2)(a) of the Conveyancing Act 1919, a vendor must, before the contract is signed by or on behalf of the purchaser, attach to the contract such documents as may be prescribed. Those documents are listed in Schedule 1 of the Conveyancing (Sale of Land) Regulation 2022, and the first item is:
A planning certificate for the land, unless the land is not within a local government area.
That is not a recommendation. Regulation 21(1)(a) provides that the purchaser may rescind the contract for the vendor's failure to attach the prescribed documents, with the power conferred through section 52A(6) of the Conveyancing Act 1919. Section 52A(4) voids any contractual provision purporting to exclude or restrict the section.
Two consequences follow. First, the free property report cannot discharge this obligation — it is not a planning certificate, so attaching it satisfies nothing. Second, the 10.7(5) tier is not required to be attached. NSW Government guidance is explicit that the section 10.7(2) certificate is the document that must be attached to the contract, and that matters included under section 10.7(5) are not required to be attached. A vendor who orders only the 10.7(2) satisfies the obligation; so does one who orders the combined certificate.
Side-by-Side Comparison
| Spatial Viewer Property Report | Section 10.7 Planning Certificate | |
|---|---|---|
| Cost | $0. Free, unlimited, no login | Fee-capped by regulation. Application: 0.62 fee units. Additional fee for 10.7(5) advice: 0.94 fee units. At the 2026–27 fee unit of $118.55 that is roughly $74 and roughly $111 |
| Issuing Authority | NSW Government spatial platform (Spatial Viewer), compiled from the NSW Planning Database | The local council, under s 10.7(1) of the Environmental Planning and Assessment Act 1979 |
| Statutory Warranty | None. No legal status; issued with a disclaimer of liability | Content prescribed by Schedule 2 of the EP&A Regulation 2021. Council liability for good-faith 10.7(5) advice is excluded by s 10.7(6) except for contaminated land; s 10.7(7) deems the certificate conclusively true and correct in certain offence proceedings |
| Conveyancing Suitability | Not suitable. Not a prescribed document; cannot be attached to a contract to satisfy s 52A | The prescribed document. Must be attached to the contract for sale of land under Sch 1 of the Conveyancing (Sale of Land) Regulation 2022 |
| Information Depth | Mapped spatial layers: zoning, instruments, development standards, bushfire, flood, heritage, biodiversity | All twenty-two Schedule 2 matters plus s 59(2) contaminated land matters — pathways, building notices, land reservation, road widening, mine subsidence, asbestos. The 10.7(5) tier adds discretionary council advice |
| Turnaround | Instant | Usually a few business days |
| Currency | Live spatial data, though individual layers can lag by days | A point-in-time snapshot as at the date of issue |
The cost row is where competing explanations go stale fastest. The Regulation expresses the fee as a multiple of a fee unit, adjusted each 1 July for CPI: $111.32 for 2024–25, $113.90 for 2025–26 and $118.55 for 2026–27. Councils may charge up to the prescribed maximum but not above it. Re-check the current fee unit and your council's fees schedule before relying on any dollar figure, including these.
How to Use the Free Property Report for Early Feasibility
Used in its proper lane, the free report is the cheapest way to answer "is this site worth spending money on?" before you order anything paid.
- Screen. Search by address, or by Lot and Deposited Plan for rural, unaddressed or newly subdivided land.
- Read the development standards. Pull the FSR, height limit and minimum lot size — see our guide to Floor Space Ratio, height limits and minimum lot size in NSW.
- Break the overlays. Activate bushfire, flood and heritage layers deliberately. A hazard overlay can push a project from complying development into a full DA; our Bushfire, Flood and Heritage Maps guide explains the approval risk.
- Confirm the parcel. If the geometry or Lot/DP reference is ambiguous, work through what a cadastral map is.
- Brief your team. Share the PDF with your designer or planner as background — a briefing document, not a legal record.
Two cautions. For a constrained site — flood-affected, heritage-listed, biodiversity-mapped — the free report tells you a constraint exists, not what the council will require you to do about it. And layer currency varies: the Biodiversity Values Map can take several days to propagate into the Spatial Viewer, so verify anything tight at the source. Outside NSW, see our comparison of planning map viewers by state.
When to Order a Section 10.7, and Which Tier
- Selling residential land — a current section 10.7(2) as a minimum, to attach to the contract.
- Buying a property — the combined 10.7(2) and (5), so you see the fullest picture the council holds before exchange.
- Lodging a development application — a recent certificate; most councils expect one and its contents shape the assessment.
- Rural, flood-affected or contaminated land — the combined certificate, where council-specific constraints most often surface.
- Feasibility screening only — the free Spatial Viewer property report.
A certificate is a snapshot of the planning rules on the day it is issued. If a campaign runs for months, or a DA is lodged long after the certificate was pulled, order a fresh one rather than relying on last season's document.
Common Mistakes
Attaching the free property report to a contract and assuming the disclosure obligation is met. Treating "10.7", "10.7(2)" and "10.7(5)" as three documents. Assuming a 10.7(5) certificate is always more detailed in a comparable way — it is discretionary, so content varies by council. Ordering once at the start of a long campaign. And reading a certificate as an approval: it states what controls apply, and approves nothing.
Frequently Asked Questions (FAQ)
Is the NSW Planning Portal property report the same as a section 10.7 planning certificate?
No. The property report is a free PDF generated from the NSW Planning Database that summarises mapped planning controls. A section 10.7 planning certificate is issued by the local council under section 10.7 of the Environmental Planning and Assessment Act 1979, with content prescribed by Schedule 2 of the Environmental Planning and Assessment Regulation 2021. Only the latter is a statutory document.
Can I use the free Spatial Viewer report instead of a section 10.7 certificate to sell my property?
No. A planning certificate is a prescribed document under Schedule 1 of the Conveyancing (Sale of Land) Regulation 2022, and a vendor must attach it to the contract before the purchaser signs. The free property report does not satisfy that requirement, and a purchaser may be entitled to rescind if prescribed documents are missing.
What is the difference between a 10.7(2) and a 10.7(2) and (5) certificate?
Section 10.7(2) is mandatory: the council must specify the matters prescribed in Schedule 2 of the EP&A Regulation 2021. Section 10.7(5) is discretionary: the council may add advice on other relevant matters it is aware of, such as dwelling entitlement notes or additional flood and contamination detail. Because that content is discretionary, it varies between councils.
How much does a section 10.7 planning certificate cost in NSW?
The fee is capped by regulation and expressed in fee units: 0.62 fee units for the application, plus 0.94 fee units if the certificate includes 10.7(5) advice. At the 2026–27 fee unit of $118.55 that is approximately $74, and approximately $111 more for the 10.7(5) tier. Councils may charge less than the maximum but not more, and the fee unit is adjusted each 1 July.
Do I need a section 10.7 certificate to lodge a development application?
The Act does not make it a mandatory attachment to every development application, but most councils expect a current one, and its contents — zoning, development standards and hazard notations — shape how the application is assessed. Ordering one before you finalise a design is standard practice.
Is a section 149 certificate the same as a section 10.7 certificate?
Yes. The certificate was issued under section 149 until 1 March 2018, when the Act was renumbered and the provision became section 10.7. Older contracts and websites still use the section 149 name for the same document.
Who can apply for a section 10.7 planning certificate?
Anyone. Under section 10.7(1), a person may apply to the council for a planning certificate for any land within its area on payment of the prescribed fee. You do not need to be the owner.
The Bottom Line
The question dissolves once you separate the two jobs. The free NSW Planning Portal property report is a screening instrument — fast, unlimited and useful for deciding whether a site deserves your attention. The section 10.7 planning certificate is a legal instrument — council-issued, regulation-prescribed and, in its 10.7(2) form, compulsory for the sale of land in New South Wales.
Use the free report early and often. Order the 10.7 when you are ready to transact, lodge or commit capital — and if you are buying, order the combined 10.7(2) and (5) so you see everything the council holds before you exchange. If you are assessing a site's feasibility or preparing a development application, get in touch with our team to work through the planning controls before you commit to a design.