When a home with extensions, sheds or converted rooms is sold, someone eventually asks whether it was all approved. A building information certificate (BIC) is one way to manage that question. This guide looks at how a BIC works from both sides of a sale.
Why a BIC matters in a sale
Council records and the actual block can differ. Decks get enclosed, garages become rumpus rooms, and backyard studios appear without paperwork. A buyer who takes on unapproved work can also take on the risk of council orders later.
A BIC reduces that risk. Once issued, it restricts the council from ordering the covered building to be pulled down, rebuilt, extended, altered or repaired. The NSW Planning Portal describes the protection as running for seven years.
Who can lodge an application
The process can be started by the buyer or the seller. The owner can apply, and so can someone buying under a signed sale contract (or a solicitor or agent acting for them). Because the council needs to inspect the property, a buyer will still need the seller's cooperation to arrange access.
If you are selling
Applying before you list lets you deal with any problems on your own timeline, rather than in the middle of a negotiation. If the council asks for repairs or extra documents, you have room to respond without a settlement date looming. It also gives you a ready answer when a buyer's solicitor asks about structures that are not in council records.
If you are buying
A buyer may make a BIC a condition in the contract, or factor unapproved work into the price. How that is written is a legal question, so ask a solicitor or conveyancer to draft any special condition.
Allow plenty of time
A BIC is not a desktop search. The council inspects the building and may ask for a survey, plans, engineer's certificates or other reports. It can also require repairs before it issues a certificate. For residential land, councils generally expect a survey report from a registered surveyor showing the buildings as they currently stand.
The state practice note explains that an application not decided within 40 days of lodgement, or of the applicant supplying requested information, can be treated as refused. That opens a right of appeal, but it is a backstop rather than a promise of speed. If settlement is close, raise the issue early.
Questions a BIC leaves unanswered
A certificate answers one narrow question: whether the council will take certain action against the building. It does not:
- report on how sound the house is (that is the job of a pre-purchase inspection)
- make unapproved work lawful
- approve a particular use, such as renting out a converted garage as a separate dwelling
- certify a pool barrier, which is governed by NSW's Swimming Pools Act 1992
- prevent fire safety orders, penalty notices or prosecution for building without approval.
For work that was approved, the better document to ask for is usually the occupation certificate, which shows the building was signed off when it was finished. If a structure was built without any approval, our guide to Found unapproved building work? Your options explains the wider picture.
How we can help
For Class 1 houses and Class 10 structures such as garages, decks and sheds, we can help sellers and buyers get ready for a council application. That can include reviewing what was built, identifying the reports a council is likely to request, and assembling compliance documents. The council makes the final decision. See our building information certificate service, or request a quote and include the sale timeline so we can plan around it.
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: Hornsby Shire Council, Blacktown City Council, Shellharbour City Council, Kiama Municipal Council, Central Coast Council, Northern Beaches Council.
Suburb pages with local planning notes: Glenhaven, Kings Langley, Macquarie Pass, Minnamurra, Wahroonga, Warnervale, Warriewood, Warrimoo, Wentworth Falls, Werri Beach. You can also browse every service area.
Sources
- Post-consent certificates, NSW Planning Portal
- Building information certificates practice note, NSW Planning Portal
- Submitting a building information certificate application, NSW Planning Portal