SiteReview.ai Blog

Insights and updates on property planning and development in NSW.

Learn everything about the Contract for the Sale and Purchase of Land in NSW. Understand key clauses, cooling-off rights, vendor disclosures, and FAQs to avoid costly mistakes.

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A title search is an official record from the NSW Land Registry Services that shows current ownership details and any legal interests affecting a property. It's an essential step in any NSW property transaction to ensure a clear transfer of ownership.

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Understand the essential details on page one of a NSW Contract for the Sale and Purchase of Land. Learn about inclusions, settlement terms, the parties involved, and crucial legal property identifiers.

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Page 3 of the NSW Contract for Sale covers key financial and tax-related disclosures, including deposit arrangements, electronic lodgment, and GST treatment. This page ensures the buyer and seller are aligned on crucial compliance and financial responsibilities.

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Page 4 of the NSW Contract of Sale contains the "List of Documents," a critical checklist of all supporting legal and planning documents attached to the contract. This list ensures transparency and protects the buyer's legal rights.

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Page 5 of the NSW Contract of Sale provides important legal notices mandated by law. These warnings cover smoke alarm compliance and the potential risks of loose-fill asbestos insulation in older homes.

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Page 6 of the NSW Contract of Sale outlines the buyer's cooling-off rights, the financial consequences of rescinding a contract, and the recommended processes for dispute resolution.

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Page 7 of the NSW Contract of Sale lists important statutory warnings for property purchasers, highlighting matters like government authorities, taxes, insurance, and financing responsibilities that can affect the transaction.

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A covenant is a legally binding agreement registered on a property's title that places restrictions or obligations on the land. It can significantly affect what you can or cannot do with your property in NSW.

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A Section 10.7 Planning Certificate is a legal document from the local council that outlines the planning rules and restrictions applying to a property. It's an essential document for any property transaction in NSW.

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Planning certificates are filled with legal terminology that's hard to interpret. SiteReview.ai uses AI to extract and simplify this information, generating a clear and concise report on zoning, risks, and development potential in minutes.

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The "Names of Relevant Planning Instruments" section of a 10.7 Certificate lists all State Environmental Planning Policies (SEPPs) that apply to the land. These state-wide policies can override local controls and are crucial for assessing development proposals.

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A Local Environmental Plan (LEP) is a legal document prepared by a local council that outlines the zoning, development standards, and permitted land uses within its area. It's the primary tool for controlling local development in NSW.

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A Development Control Plan (DCP) supports the Local Environmental Plan (LEP) by providing detailed design guidelines for new developments. If you’re lodging a DA in NSW, reviewing the relevant DCP is critical.

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Zoning defines what land can legally be used for and what types of development are allowed in NSW. It's set out in Local Environmental Plans (LEPs) and is one of the most important factors in any property decision.

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A Contributions Plan outlines when developers or landowners may be required to contribute financially to local infrastructure. Understanding these developer levies is essential for budgeting and feasibility planning for any NSW development.

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Land classified with Outstanding Biodiversity Value (OBV) in NSW is given the highest level of environmental protection. This designation can have major implications for land use and severely restricts development.

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A Heritage Conservation Area (HCA) protects the historical and architectural character of a neighbourhood. Properties in HCAs are subject to stricter development controls, even if the building is not individually heritage-listed.

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Complying Development is a fast-track approval pathway in NSW for straightforward, low-risk projects that meet pre-set standards. It allows you to get approval via a Complying Development Certificate (CDC) without a full DA.

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The Housing Code provides a streamlined approval path for common residential projects like new homes, renovations, granny flats, and garages. It's a key part of the Complying Development system in NSW.

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The Rural Housing Code provides a fast-track complying development pathway for new homes, sheds, and farm buildings in rural and large-lot residential zones in NSW, reducing approval times for landowners.

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The Low Rise Housing Diversity Code enables the fast-track approval of dual occupancies, manor houses, and terraces through complying development. It aims to increase housing diversity in eligible zones.

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The Greenfield Housing Code tailors complying development standards for new release estates, where lot sizes are often smaller and narrower. It streamlines approvals for new homes in mapped greenfield areas.

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The Inland Code adapts complying development for regional and inland NSW, recognizing larger lots and agricultural activities. It aims to approve new homes, renovations, and farm buildings in 20 days or less.

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The Housing Alterations Code streamlines approval for modest alterations, additions, and ancillary works to existing homes. This pathway is useful for renovations, extensions, decks, and garages that don't require a full DA.

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The General Development Code covers a broad range of low-impact works that can proceed as complying development, such as minor earthworks, fences, shade structures, and rainwater tanks.

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This code allows many internal fit-outs and external alterations to existing commercial, retail, and industrial buildings to be approved quickly, helping businesses adapt without lengthy DA delays.

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This code offers a fast-track approval path for constructing new commercial or industrial buildings like warehouses and factories on appropriately zoned land, provided they meet strict standards.

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The Subdivisions Code provides a simplified pathway for minor boundary adjustments and the strata subdivision of existing, approved buildings. Most subdivisions in NSW still require a full DA.

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The Demolition Code permits the demolition of buildings and structures as complying development when pre-set safety, environmental, and waste management standards are satisfied.

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The Fire Safety Code enables certain fire protection upgrades, such as sprinkler systems in aged care facilities, to be installed quickly as complying development to support occupant safety.

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Section 6 of a NSW Planning Certificate identifies if a property is subject to safety-related orders like an Affected Building Notice, often related to unsafe products like combustible cladding.

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Section 7 of a NSW Planning Certificate reveals if a government authority has identified the land for future acquisition for public purposes, such as roads, parks, or infrastructure.

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Section 8 of a NSW Planning Certificate addresses whether the land is affected by proposed road widening or realignment projects, which can impact land value, usability, and development potential.

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Section 9 of a NSW Planning Certificate informs you whether the land is affected by flooding constraints that may limit or control development, ensuring properties are built with safety and flood resilience in mind.

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Land identified as Bush Fire Prone Land in NSW is subject to specific planning and building controls to reduce risk. Your Planning Certificate will state if these controls apply to your property.

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Loose-fill asbestos insulation is a serious health hazard found in some NSW homes built before 1985. A warning in the Planning Certificate advises buyers to check the public register for affected properties.

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A mine subsidence district is an area at risk of ground movement due to underground coal mining. If your property is in such a district, additional building approvals and design standards are required.

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A paper subdivision refers to land that has been subdivided on a map but lacks physical infrastructure like roads and services. These lots exist 'on paper' but are often unsuitable for immediate development.

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The Tree (Disputes Between Neighbours) Act 2006 provides a legal process for resolving conflicts about trees that cause damage or safety risks. A Planning Certificate will disclose if a court order under this Act affects the land.

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Under the Local Government Act 1993, councils can levy annual charges on landowners who benefit from coastal protection works like seawalls. Your Planning Certificate will disclose if these charges apply.

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The Western Sydney Aerotropolis is a major economic hub being developed around the new airport. Chapter 4 of the SEPP (Precincts – Western Parkland City) 2021 provides the specific planning framework for this transformative region.

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The Australian Noise Exposure Forecast (ANEF) is a noise contour map used to assess the impact of aircraft noise on land. It guides planning decisions and determines if acoustic treatments are needed for developments near airports.

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Section 59(2) of the CLM Act requires the EPA to notify councils of land that may be contaminated. This notice serves as an official warning on the property's Planning Certificate.

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Before using the Complying Development pathway, always check your zoning, match the right code to your project, ensure every standard is met, and engage a certifier early to review your plans.

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The New South Wales planning system can be complex, but the online portals are powerful tools for homeowners and developers. This guide breaks down how to get started.

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Complying Development is a fast-tracked approval pathway for straightforward projects. But is your project eligible? We explore the basics of CDC in NSW.

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