A building information certificate (BIC) is a document a NSW council issues about a building that already exists. It does not approve anything. Instead, it is a formal assurance that the council will not take certain kinds of action against that building. This guide explains where that assurance starts and stops.
What a building information certificate is
The Environmental Planning and Assessment Act 1979 sets out the BIC rules. Only the local council where the property is located can issue or refuse one. A private certifier, including us, cannot. A single certificate can cover a whole building or just one section, for example a rear extension, an enclosed patio or a carport.
Once a BIC is issued, the council is restricted from ordering the covered building to be pulled down, rebuilt, extended, altered or repaired. It also cannot take civil action over any part of the building that encroaches onto council land. The NSW Planning Portal describes this protection as lasting seven years.
Limits of a BIC
People often expect more from a BIC than it delivers. According to the state practice note, a certificate:
- Does not make unauthorised work lawful. It is a promise about council action, not a retrospective approval.
- Does not approve a use. If a garage has been fitted out as a bedroom, using it that way may still need development consent.
- Does not stop penalties. Penalty notices and prosecution for building without approval sit outside the certificate.
- Does not block fire safety orders or orders dealing with non-conforming building products.
It also says nothing about pool barriers. Those are governed by NSW's Swimming Pools Act 1992 through a separate process.
When people apply
Two situations usually prompt an application. The first is a property sale. Buyers and sellers use a BIC to lower the chance of the council acting against a building after settlement. The second is unapproved work. A development consent, complying development certificate (CDC) or construction certificate is granted before building work happens, never after. So for a structure that is already standing, a BIC is usually the only formal way forward.
Applying is voluntary. A council cannot force an owner to seek a certificate. It can, however, still take enforcement action over unauthorised work where no BIC is in place.
Applicants and supporting documents
Applications are lodged on the NSW Planning Portal by one of the following:
- the owner of the land
- another person who has the owner's consent
- someone buying the property under a signed sale contract (or a solicitor or agent acting for them)
- a public body that has given the owner notice of its intention to apply.
For residential land, councils generally want a survey report from a registered surveyor showing the buildings as they stand on the day of the application. Where work was done without approval, expect to supply drawings of what was built, plus evidence that it is sound and safe. That can include structural engineer's certificates, waterproofing and electrical certificates, and smoke alarm details. The council inspects the property. It can ask for more information or require repairs before it decides.
How the council decides
Every application is weighed on its own facts. Where work was done without consent, the practice note asks councils to consider whether a development application for that work would reasonably have been approved. Work that plainly breaks local planning controls, or that is not structurally adequate, is unlikely to get a certificate as it stands.
If the council refuses, it must give written reasons detailed enough to show what work it would want done. A refusal, or a failure to decide within the time the regulations allow, can be appealed to the Land and Environment Court.
How we can help
We work on Class 1 buildings (houses, duplexes, granny flats) and Class 10 structures (garages, sheds, decks, pools). While the council makes the decision, we can help you prepare. That might mean reviewing what was built, flagging the reports a council is likely to request, or preparing a compliance assessment. Visit our building information certificate page, or request a quote with photos and any existing plans. If the building did have approval but never received final sign-off, our Occupation certificates: what you need before moving in may be the better starting point.
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: Bayside Council, Mosman Council, Wingecarribee Shire Council, Hawkesbury City Council, Blacktown City Council, Kiama Municipal Council.
Suburb pages with local planning notes: Arncliffe, Balmoral, Berrima, Bilpin, Blacktown, Bombo, Bondi, Botany, Bowenfels, Bradbury. 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