Buying & Selling a Property
When considering buying or selling a property in the Berrigan Shire it is important to understand the exact requirements, hazards, outstanding orders or notices that may affect the purchase or sale of the property. Below are the Shire requirements in buying or selling a property, most of these will be handled by your solicitor during conveyancing.
For every property transaction you make, you need to think about tax implications, to help you to determine property related GST obligations, refer to the GST and Property Guide on the Australian Taxation Office website.
Listed below are the application forms and a brief description of each to explain what is required to be completed. To access any application forms please go to the Application Forms page.
Section 149(2) & Section 149(5) Planning Certificates
When land is bought or sold, the Conveyancing Act, 1919 requires a Section 149 Planning Certificate to be attached to the contract of sale. You may also need one for redevelopment of a property or to help an existing owner decide about the uses of their land.
These Certificates provide information on how a property (such as land, a house, a commercial building, etc.) may be used and the restrictions on its development. The detail that must be contained in the Certificate is specified by Section 149 of the Environmental Planning and Assessment Act.
(Your solicitor or agent may advise you which certificate is required.)
We usually require 2-3 working days to issue Section 149 Planning Certificates from the time Council receives your application.
Section 603 Rates Certificate
When land is bought or sold, the Conveyancing Act, 1919 requires a Section 603 Certificate to be attached to the contract of sale.
Under Section 603 of the Local Government Act 1993 a person may apply to the council for a 603 certificate as to the amount (if any) due or payable to the council, by way of rates, charges or otherwise, in respect of a parcel of land.
Section 735A Outstanding Notices or Orders
Advises whether there are any outstanding notices or orders applying to the property which have been issued under the Local Government Act 1993.
Section 121ZP Outstanding Notices or Orders
Advises whether there are any outstanding notices or orders applying to the property which have been issued under the Environmental Planning & Assessment Act 1979.
Section 149A Building Certificate
This certificate is issued by Council to the owner of a building, the owner’s agent, or someone who is going to purchase the building, to certify that during the next seven years, Council will not make certain orders or take certain action in relation to the building, i.e. order the building to be repaired, demolished, altered, added to or rebuilt.
Section 124 Swimming Pool Certificate
On application, Council issues this Certificate to the owner of a premises on which a swimming pool is situated. An inspection of the pool and its enclosure is conducted and if Council is satisfied that the pool complies with the requirements of the Swimming Pools Act a certificate is issued.
Selling a property if you Built as an Owner Builder
An Owner Builder has a responsibility to a property for six years after Final Occupancy is issued by Council. If the property is being sold within six years, the Owner Builder is obliged to take out Home Warranty Insurance for the remaining years. i.e. If the property is being sold four years after final occupancy, the Owner Builder is required to take out Home Warranty Insurance for the remaining two years. This is a requirement only where the market value of the whole project (labour and materials) was more then $12,000.
The Department of Fair Trading can be contacted for advice www.fairtrading.nsw.gov.au
How do I apply for a Certificate or Report?
Download your application form from the Application Forms page and either lodge in person by visiting our Customer Service Centre at the Council Chambers situated at 56 Chanter Street, Berrigan or you can mail your application together with a cheque for payment to Berrigan Shire Council, P.O. Box 137, Berrigan NSW 2712
Payment in full will be required at the time of lodgement.