What is a Section 73?
A Section 73 is a compliance certificate that confirms you've satisfied Sydney Water to adequately service your new subdivision or development with water, wastewater and stormwater services. You need this certificate when you subdivide or develop land.
On minor low impact developments you can deal directly with Sydney Water via a system called Sydney Water Developer Direct (SWDD). SWDD will allow a customer to engage either a Water Servicing Coordinator (WSC), like MGP, or SWDD for low impact development work.
On all other developments a Section 73 Certificate needs to be collated and lodged with a Sydney Water Servicing Coordinator (WSC), like MGP.
Do I need a Section 73?
Types of development to be referred for a Section 73 Compliance Certificate (as a condition of development consent) are shown below. Specific exclusions for some of these types are listed at the end of this page:
1. Subdivision by Torrens, Community, Strata and Stratum Title, and subdivision for lease purposes (includes Strata Title conversion to Torrens Title, any road closure requiring a Subdivision Certificate and any boundary adjustment).
2. Dual occupancy development (including ‘granny flat’ development that can’t be approved under the State Environmental Planning Policy (Affordable Rental Housing) 2009), whether being subdivided as above or remaining unsubdivided.
3. Medium density (multi-unit) residential development, that is, applications to erect buildings with dual key apartments (please identify in development description).
4. Development in rural or non-urban zoned land or Residential Bushland Conservation or similar zoning (including single residential development).
5. Development where council is considering approving servicing arrangements that could be independent of Sydney Water’s water or wastewater (sewer) systems. For example, a development serviced by rainwater tanks as a primary water supply and alternate wastewater treatment systems.
6. Vacant single dwelling development on lots created by subdivision BEFORE April 1964. This includes referring development where development consent is required to erect structures only. For example, existing undeveloped lots created before the Local Government Act, existing undeveloped lots previously rated with another lot (such as former tennis courts) or demolishing a single dwelling and constructing separate single dwellings on existing multiple lots.
7. This referral is required because some lots in established areas may not have been previously issued with a Compliance Certificate at the subdivision stage and so may not have direct access to water or wastewater (sewer) services.
8. Development on previously publicly-owned land. For example, railway lands or land resulting from road closures.
9. New development of vacant land for industrial, commercial and special use. ’Special use’ includes but is not restricted to schools, preschools, religious centres, sporting facilities, community facilities (police, fire, ambulance, SES), community halls, senior citizen centres, youth centres, parks/reserves where water will be used, government and agency depots/substations, hospitals.
10. Industrial, commercial and special use re-development where new building is involved.
11. Industrial, commercial and special use development, where there is a change in use of existing buildings and facilities that may result in increased demand for water and/or the discharge of trade wastewater from the premises.
12. Crown development, Commonwealth and State. (Note: Generally, falls into one of the above categories.)
How do I start the process?
You have a few options, you can either call mgp on 02 9451 7555 and speak with the WSC team, or you can submit your project details in the form at the bottom of the page, and the details will be sent to the WSC team.
What do I need to supply to MGP for the application?
- Copy of the development/subdivision plans as approved or proposed - in AutoCAD format
- Copy of your Development Consent (DA conditions provided by your local council)
- Provide your Pre-allocated Plan Number (PPN), provided by your surveyor for the proposed land development
The standard process for a Section 73 & design:
What other things will I need to consider?
You will need to have Building Plan Approval completed to obtain your Section 73 Certificate. Please see our Tap in section for details.
Granny Flats - Secondary Dwelling Exemption from Section 73 Certificate
The legislation for a secondary dwelling allows up to 60sqm floor space and under Sydney Water Notice May 2012, this type of development is listed as not requiring a Section 73 Compliance Certificate.
We have researched into the definition used for such development - Standard Instrument—Principal Local Environmental Plan
This defines gross floor area as being measured from the internal faces of external walls and identifies that balconies and terraces are not included.
For further information please call us on 02 9451 7555.
Development types not to be referred for a Section 73 Compliance Certificate:
1. Strata subdivision plan for a building approved by an earlier development approval, that is, strata title of an existing block of units where building was completed either:
1.1 before April 1964 (except if the consent authority considers a compliance certificate is required under the Strata Schemes (Freehold Development) Act 1973)
1.2 after April 1964 and covered by a Compliance Certificate issued on construction.
2. Development approvals (except for dual occupancy development that must be referred).
3. Consolidation of existing lots of land not involving subdivision of the existing lots.
4. Vacant single dwelling development on lots created by subdivision after April 1964 (that is, generally, where an earlier Sydney Water Compliance Certificate has been issued).
5. A new single residential dwelling replacing an existing dwelling.
6. Alterations, additions to an existing residential dwelling.
7. ‘Secondary dwelling’ development approved under the State Environmental Planning Policy (Affordable Rental Housing) 2009 and Wollondilly LEP 2011. (The Department of Planning & Infrastructure also refer to this development as ‘granny flats’).
8. Carports on residential lots.
9. Non-habitable garages, sheds or outbuildings.
10. Swimming pools.
11. Development in areas identified as being beyond Sydney Water’s service limits but within its area of operations - see Sydney Waters website for further details.
Section 73 factsheet.