Compliance assessment reports and building information certificates (BICs) are often mentioned together, and people regularly confuse the two. One is written advice based on an inspection. The other is a council certificate that carries legal weight. Here is how to tell them apart, and how they fit together.
The building information certificate
Councils issue BICs under Division 6.7 of Part 6 of the Environmental Planning and Assessment Act 1979. It may cover an entire building or just a portion. Once issued, council cannot take action for seven years to make you demolish, alter, add to or rebuild the building it covers, or because the building extends over council land.
Key points:
- Who can apply. The owner, anyone the owner authorises, a purchaser who has signed a sale contract (or their lawyer or agent), or a public body that has given the owner notice it plans to apply.
- How. Through the NSW Planning Portal, where your council accepts online applications.
- What council needs. For land zoned residential, an original or certified survey report and plan showing the property as it currently stands. Council may also ask for building plans, specifications and certificates.
- Outcome. Council decides whether to issue the certificate. It may first require repairs or changes, or ask for more information.
The compliance assessment report
The building compliance assessment (BCA) report is prepared after an inspection. It compares the building, or the parts in scope, with the building code and sets out findings and suggested next steps. We prepare these for Class 1 homes and Class 10 structures.
A report gives no legal protection on its own. It places no limits on what council can do, and unapproved work remains unapproved. Its value lies in the clear, independent information it provides.
The main differences
- Who issues it: a BIC comes from council. A compliance report comes from a certifier or building surveyor.
- Legal effect: a BIC limits certain council action for seven years. A report is advice only.
- What it looks at: council considers the entire building, planning matters included. A report focuses on the building code items in its agreed scope.
- Result: a BIC is a certificate you can show a buyer, lender or solicitor. A report is a document you use to make decisions and support applications.
How they work together
The two often go hand in hand. When work has been done without approval, an owner may start with a compliance report to find out where the building stands. The report can highlight items to fix before applying, such as missing smoke alarms or an unsafe balustrade. It can then go in with the BIC application, giving council clear information to assess.
This can reduce back-and-forth with council, although council still makes its own decision and may ask for more.
Which do you need?
- If you need certainty that council will not order changes to an existing building, you need a BIC.
- If you want to understand how a building compares with the code before buying, renovating or applying to council, start with a compliance report.
- If there is unapproved work and you plan to apply for a BIC, you may well need both.
Read more on our BCA compliance reports and building information certificate pages. To discuss a report for your home or outbuilding, request a quote.
Local help across NSW
CertifiBuild certifies Class 1 and Class 10 work in 39 council areas. Local rules on these council pages are a good place to start: Blue Mountains City Council, Wingecarribee Shire Council, Burwood Council, Campbelltown City Council, Willoughby City Council, Hornsby Shire Council.
Suburb pages with local planning notes: Blackheath, Bowral, Bundanoon, Burradoo, Burwood, Campbelltown, Chatswood, Cheltenham, Cobbitty, Concord West. You can also browse every service area.
Sources
- Apply online for a building information certificate, Service NSW
- Submitting a building information certificate application, NSW Planning Portal
- Housing Provisions Section 9 on fire safety, ABCB (NCC 2022)