---
title: "Planning certificate (section 10.7): ordering and checking guide (NSW)"
url: "https://ailawframework.com/precedents/planning-and-environment/planning-certificate-request-and-checking-guide"
type: "precedent"
site: "AI Law Framework"
id: "a12-planning-certificate-request-and-checking-guide"
area_id: "A12"
kind: "form"
ai_level: "green"
version: 1
task_ids: ["A12-A20260923-1", "A12-B7-1"]
law_stated_as_at: "2026-10-18"
---

# Planning certificate (section 10.7): ordering and checking guide (NSW)

> Guide to ordering a NSW planning certificate under s 10.7(2), with or without the s 10.7(5) advice, and a checking table that walks through each Schedule 2 matter (zoning, contributions, flood, bush fire, acquisition,…

Canonical page: https://ailawframework.com/precedents/planning-and-environment/planning-certificate-request-and-checking-guide  
Law stated as at: 2026-10-18

Site index for agents: https://ailawframework.com/llms.txt

Guide to ordering a NSW planning certificate under s 10.7(2), with or without the s 10.7(5) advice, and a checking table that walks through each Schedule 2 matter (zoning, contributions, flood, bush fire, acquisition, asbestos, mine subsidence and others) with what to do if a matter is flagged.

## Key facts

- Kind: Form. A form to complete, or a guide to completing an official one.
- Practice area: [Planning & Environment](https://ailawframework.com/precedents/planning-and-environment.md)
- Jurisdictions: New South Wales
- AI level: Green. AI can do most of the drafting. A lawyer still reviews the result.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the 3 authorities it cites, for New South Wales.

## When to use it

Use when acting on a purchase, sale, lease, development feasibility or loan security over NSW land, or before lodging a development application. The certificate is a starting point; it does not replace searches of the planning controls, the consent history or an inspection.

## Used for these tasks

- [Extract overlay, zoning and referral triggers from the planning controls](https://ailawframework.com/practice/planning-and-environment.md#A12-A20260923-1)
- [Summarise a council's planning controls for a site](https://ailawframework.com/practice/planning-and-environment.md#A12-B7-1)

## How AI may be used

With this checking table settled by the firm, AI may transfer each answer on the certificate into the table and flag every matter that is not a plain no; the lawyer reads the certificate itself and decides what each flag means for the client.

**AI may:**

- Transfer each item of the certificate into the checking table, quoting the certificate’s words
- Flag every item answered other than with a plain negative, and every item the certificate does not address
- Check that the lot and plan, address and council on the certificate match the title search and the contract

**AI must not:**

- Must not summarise a flagged matter as not significant, or advise on its effect on the transaction or development
- Must not treat the certificate as a complete statement of the planning controls or of contamination
- Must not fill an item the certificate leaves blank with information from another source without saying so

**The lawyer checks:**

- The certificate is current, for the right land, and is the s 10.7(2) and (5) certificate if the advice is needed
- Every flagged item has been followed up with the source instrument, map or council record and explained to the client
- Contamination, acquisition, flood, bush fire, loose-fill asbestos and mine subsidence answers have been read in full, including any s 10.7(5) advice

## Authorities

- [Environmental Planning and Assessment Act 1979 (NSW) s 10.7 (planning certificates; council advice under s 10.7(5); no liability for good faith advice except about contaminated land; certificate conclusively presumed true in offence proceedings)](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1979-203)
- [Environmental Planning and Assessment Regulation 2021 (NSW) s 290 (Schedule 2 matters; Contaminated Land Management Act 1997 s 59(2) matters; fees in Schedule 4)](https://legislation.nsw.gov.au/view/whole/html/inforce/current/sl-2021-0759)
- [Environmental Planning and Assessment Regulation 2021 (NSW) Sch 2 (matters to be specified in a planning certificate, items 1 to 25)](https://legislation.nsw.gov.au/view/whole/html/inforce/current/sl-2021-0759)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/planning-and-environment/planning-certificate-request-and-checking-guide and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*