What is a Section 10.7 Planning Certificate?
A Section 10.7 certificate is a Planning Certificate which is specific to each individual property. Under NSW legislation a contract for sale of a property must include a 10.7 certificate from the relevant local Council. There are two types of 10.7 certificate:
- 10.7 (2) certificate: contains information specified in Schedule 2 of the Environmental Planning and Assessment Regulation 2021. Among other things this will include information relating to planning instruments; development control plans; zoning and landuse; heritage items; road widenings; flood related development controls; bush fire prone land and land reserved for acquisition.
- 10.7 (5) certificates: provides the above s149 (2) information plus advice on other relevant matters affecting the land that Council may be aware of.
Why does Council put notations on 10.7 (Formerly S 149) Certificates?
Council has a responsibility to inform the community and future property owners as clearly as we can about potential risks to life and property, and to help limit damage from flooding now and in the future.
Council also has a legal and moral obligation to let current and future owners know about development controls that may apply to specific property. Any property identified as being flood prone and that may attract development controls will have a flood notation on its s149 certificate.
How does Council determine which properties are flood prone to notate on 10.7 Certificates?
Flood prone land is required to be notated on 10.7 Certificates as identified by any adopted Flood Studies by Council. The Lithgow Floodplain Risk Management Study and Plan 2023 is the most recent and comprehensive flood study available to Lithgow City Council.
This does not mean other land in the LGA outside of the catchment area of the study and plan is not flood prone it just means we do not hold any flood studies or definitive flood levels for that land.
Does having a flood notation mean I can’t develop my land?
It is unlikely that development controls will prohibit all development on land on flood prone land. However, some factors may need to be taken into consideration in any future development to alleviate risk to life and property. For example, you may be asked to build on a certain part of your land or elevate your building to a certain height. Council’s development assessment team can help you understand these considerations.
Will the notation affect the value of my property?
Because individual property values are based on many factors and the impact of flood development controls varies greatly from one property to another, it’s impossible to predict whether a notation will affect property values. The notification may affect one potential buyer’s decision to purchase a property but for another it may have no impact. Studies have shown that an actual flood event rather than a flood planning notation, is more likely to have an effect on property values.
A notation on the 10.7 certificate will not change how flood prone a particular property is.
A major advantage of appropriate notation of flood risk is that it should ensure that your neighbour, or even other land within the catchment is developed in such a way that it does not divert or increases flood waters onto your property that would disadvantage your property and potentially reduce value.
All flood information Council has is freely available through our website or upon enquiry with Council’s duty planners.
Will a notation cause my insurance premium to rise? Do I need to tell my insurance company?
Council is not in a position to advise you on this matter, your policy is a matter between you and your insurer. You will need to contact them directly. Flood insurance is based on the level of risk and consequent damages from flooding and this will not change as a result of Council’s studies.
Flood insurance is not widely available for residential properties in Australia. Many insurance companies do not provide flood cover as part of their insurance products. Other insurance companies provide flood cover as an optional extra. Individual insurance companies typically identify flood prone land and assess risk through their own studies, analysis and flood mapping exercises, (irrespective of whether Council has undertaken a flood study) with the information then used to set policies and premiums. These calculations are outside Council’s control.
Councils have responsibility for identifying and then managing the risk to life and property from flooding, and have a duty of care to disclose this information to the community. Council’s flood study represents significant advances on previous site based investigations, which all members of the community, including insurance companies, are able to access. These studies may be used by insurance companies to refine their flood profiles, potentially excluding properties that would otherwise be included through more risk-averse calculations.
The flood study maps show only a small part of my property is affected, so why has it been classified as flood prone?
The Study maps highlight which properties are expected to be affected by flooding. Even if a small portion of the property is affected, the whole property area will be classified as affected and will notated on a S149 certificate. Development controls are applied to a whole property and cannot be split, regardless of flood extent, however application of the control depends on where on the property the proposed development is located, and what type it is.