Buying property within mine subsidence districts

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If you are thinking about buying a house or structure in a mine subsidence district (district), you can check whether it is eligible for compensation and if claims for subsidence damage are pending or have been paid in the past. These enquiries are generally made in the normal course of conveyancing.

If a property is within a district, this is shown on a Section 149 Certificate, which must be attached to a Contract of Sale when a property is put on the market.

15B Certificates of Compliance – Assurance that a home or building is eligible for compensation

15B Certificates confirm that a property complies with requirements under the Mine Subsidence Compensation Act 1961 (the 1961 Act) and is eligible for compensation for mine subsidence damage.

Cost: $50 (GST exempt).

Please note there are no refunds for 15B Certificates.

Some financial institutions require a 15B Certificate before advancing funds for you to buy a property in a district.

Subsidence Advisory NSW may carry out a desktop or onsite inspection to confirm whether a structure has been constructed in accordance with the relevant mine subsidence building regulations. Structures built prior to an area being proclaimed as a district are deemed compliant under the Act.

Buildings or structures built without approval

Subsidence Advisory NSW may refuse to issue a 15B Certificate for structures built without approval in a district.

Please contact our office for further information.

15C Certificates of compensation claims paid

15C Certificates identify if a claim for mine subsidence damage to a property has previously been paid or is pending.

Cost: $25 (GST exempt)

Please note there are no refunds for 15C Certificates.

Issuing of certificates

Subsidence Advisory NSW issues 15B & 15C Certificates electronically via email.

Subsidence Advisory NSW aims to process requests for Certificates within five business days.

Changes to certificates

Changes to the mine subsidence compensation system in NSW took effect on 1 January 2018 under the Coal Mine Subsidence Compensation Act 2017 (the 2017 Act). The changes follow a comprehensive review and repeal of the former Mine Subsidence Compensation Act 1961 (the 1961 Act).

Certificates previously provisioned under section 15 of the 1961 Act have not been carried forward to the 2017 Act. However, the Coal Mine Subsidence Compensation Regulation 2017 contains an amendment to Schedule 1 of the 2017 Act whereby SA NSW can continue to issue Certificates under sections 15B and 15C until 30 June 2019. Communications with stakeholders regarding the changes are occurring during this time.

Find out more

Please call one of our offices or email if you have any questions related to the purchase of a property in a district. Our expert officers are here to guide you through the process.