Impact of the new Sutherland Shire Local Environment Plan (LEP) on buyers and sellers

Posted by on Jun 4, 2015 in Blog, Local News, News | No Comments

for sale

As you may be aware Sutherland Shire Council are adopting a new LEP.

Section 149 certificates will be unavailable for a period of approximately 2 weeks once the new LEP is made. This will allow council to update the 149 system to reflect the changes in zone and other planning issues. The outage is likely to occur early June however this timing may change as the LEP is presently with the State Government for finalisation.

How does this affect you if you are currently selling or putting your property on the market soon?

  • 149 certificate will not be issued during the outage period so no new contracts will be able to be issued for the 2 weeks. Without the 149 certificate, you cannot market your house for sale.
  • For properties that are on the market at the time the new LEP is made, new 149 certificates MAY need to be obtained prior to contracts being exchanged. Contracts that have been recently prepared will show both zones, so may be able to be used for exchange. Your solicitor or conveyancer will be able to advise you as to whether a new certificate is required. Note that some conveyancers will charge to order the new certificate, and some will not.

My recommendation – if you are planning on selling in the next month or two, ask your solicitor or conveyancer to prepare your contract now, to avoid being caught in the outage and/or subsequent backlog of requests. A contract can be prepared without an agent having been selected, then the agent’s name added later.

How does this affect you if you are buying a property?

  • If you are planning to exchange unconditionally, you should ask your solicitor or conveyancer to check the 149 certificate and ensure that it is up to date before exchanging.
  • If you are exchanging with a cooling off period, you may be able get the updated 149 certificate if it is required, during this period.

My recommendation – always get advice for a conveyancer or solicitor before signing a contract for exchange.