Public Positive Covenant
What are positive covenants?
City of Newcastle may place positive covenants, on subdivided properties to ensure key conditions like drainage easements or bushfire safety are maintained.
If a property owner fails to meet these obligations, we can carry out the necessary work and recover the costs.
Why this matters when buying or selling
- Positive covenants can involve ongoing responsibilities and costs attached to a property.
- If required work has not been completed, the cost of that work may still apply.
- When a property is sold, unpaid covenant costs can transfer to the buyer.
- Checking for outstanding obligations before settlement can help avoid unexpected expenses or delays.
What the certificate tells you
A Public Positive Covenant Certificate (88G Certificate) provides information about:
- any outstanding debts or costs related to those covenants
- whether those costs may carry over to a new owner if they are unpaid at the time of sale.
Application information
Before you proceed
In the Newcastle Local Government Area, these types of covenants are rare, and certificates are often requested unnecessarily. It's important to confirm whether a relevant covenant exists before applying.
A certificate is only required if
One application per property
What you need to provide
This section will help you prepare a complete application; however additional information may be requested after our initial review.
Copy of title and plans
Application fees
- Application fees vary based on several factors. To get a quote, simply click the 'Apply Now' button below. You'll be guided through a few quick questions, and we'll provide a tailored fee estimate before you proceed.
- Additional fees may apply following a full review of your application.
Submit application
Create or sign into your account
- As part of the application process, you'll be prompted to register or sign in to your account.
- Your account makes it easy to submit applications and requests, track their progress, view outcomes, and make payments all in one place.
- You can find more information and step-by-step guidance on creating a registered user account, as well as access to support services, on our My Services article.
Next steps
- Shortly after submitting your application, you will receive an email confirming we've received it, along with a receipt for your application fees.
- Once we receive your application, we'll begin reviewing it and investigate any outstanding debts linked to the identified public positive covenant.
- You will receive an email with a certificate identifying any outstanding charges.
Time frames
Certificates typically take 7-10 days to complete.
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