Building and Certification

A Building Information Certificate is usually requested by buyers or sellers of property before settlement, to make sure that what is being bought or sold is not going to be the subject of action by the council. 

You would normally apply for a BIC when unauthorised building works have been carried out. As you are unable to obtain development consent or a construction certificate for a building that has already been erected, a BIC is generally the only option available to “regularise” building work that has been carried out unlawfully. If you do not have access to current plans and surveys, before applying for a BIC we recommend doing a GIPA search, which may contain information for your application. 

A BIC is a certificate that prevents the council from taking the following actions from the date of issue of the certificate: 

• make or start legal steps to get an order or injunction under the EP&A Act or Local Government Act 1993 (LG Act), requiring the building to be repaired, demolished, altered, added to or rebuilt; and
• take civil proceedings if the building extends onto land owned or managed by council.

We can inform an applicant the works that need to be done to the building before the Building Information Certificate can be issued. We can also refuse an application for a Building Information Certificate, but it must give detailed reasons to inform the applicant of the work needed before the certificate can be issued. 

Once a council issues a Building Information Certificate it cannot give an order under the Environmental Planning & Assessment Act 1979 or the Local Government Act 1993, or take civil proceedings in relation to any matters that existed before the Building Information Certificate was issued. 

We cannot give an order or take civil proceedings in relation to matters arising from the deterioration of the building for 7 years after the Building Information Certificate is issued. 

Continued Use Approval may be required by Council in conjunction with the lodgement of a building certificate application for unauthorised development.

This can be obtained through lodgement of a Development Application which must be lodged on the NSW Planning Portal - Welcome to the NSW Planning Portal | Planning Portal - Department of Planning and Environment.

The approval of a DA provides consent for the specific land use, for example, a 'Dwelling House'. The issue of a building information certificate does not provide consent for the use of land for a particular purpose, building information certificates apply to the structures on the land.

An application for a building certificate may be made by:

• The owner of the land; or
• Any other person with the owner's consent; or
• The owner's solicitor/agent; or
• A purchaser who has entered into a contract to purchase the property; or
• The purchaser's solicitor/agent; or
• A public authority that has notified the owner of its intention to apply for the certificate.

Yes. Once a building certificate application is received, a Council Officer will need to review the documentation available to Council before arranging to inspect the property. A Council representative will coordinate the site visit with the applicant for the certificate. Other documentation may be required to be provided following an inspection of the property, where rectification works are necessary, additional inspections fees as prescribed will be charged per additional inspection.

The applicant will be informed of Council's decision and the reasons for it. In many cases the applicant will be informed of the work that needs to be undertaken to enable Council to issue the building certificate.

Undertaking building works without the requisite approval is illegal and is a serious offence. Council may refuse to issue a building certificate in particular situations and may seek to remedy non-compliances through legal proceedings in the NSW Land and Environment Court, which may in some circumstances entail demolition as stated above.

Online applications for Building Information Certificates are to be lodged via the NSW Planning Portal Welcome to the NSW Planning Portal | Planning Portal - Department of Planning and Environment

The current fee for a building certificate is prescribed by Cl 268 of the Environmental Planning & Assessment Regulation 2021 and is $270 for each Class 1a dwelling or part of dwelling, or for other buildings with a floor area not exceeding 200m2. The prescribed fee increases for floor areas exceeding 200m2.

Yes, a current survey plan from a registered Surveyor is required to be submitted as part of an application for a building certificate, specifically in Residential Zones and for other zones where development is within 900mm from any boundary. If the applicant is able to provide evidence that no material change has occurred in relation to the building/s since the date of a survey plan which has been supplied to Council, a more recent survey plan may not be required to be submitted.

Council may request the applicant to supply further information/documentation so that we can determine the application.

• Works as built Architectural Plans – Drawings to 1:100 or 1:200 scale including;

• Site Plan
• Floor plan – Before and After Works
• Dimensioned Elevations – showing finished levels and window sizes Section Drawings – illustrating construction components

• Certificates confirming that the work complies with the requirements of the National Construction Code may be requested
  • Structural Engineers Certification confirming the structural adequacy of the building works Framing Details - Frame & Truss Layout including wind rating applied to the development Certification from Builder regarding the erection of frame & trusses to AS1684
  • Termite Protection to AS3660 – Confirm method & Provide Certificate of Installation
  • Glazing Certification to AS 1288 & AS 2047 for External Windows, Doors & Shower Screens Electrical Certification for general electrical work by licensed electrician to AS 3000 Certificate of Installation by licensed Electrician for smoke detector installation to AS3786 Wet Area waterproofing Certification by licensed installer to AS3740
  • Plumbing Certification by licensed Plumber & Works as Executed Diagram of completed works Health and Amenity – Safe movement (Balustrades, Stairs, Slip Resistance etc)
  • Health and Amenity – Demonstrate Lighting and Ventilation requirements have been met Access Requirements have been met (where required for Commercial Applications) Energy efficiency – Section J (Applies to Commercial applications)
  • Fire Safety Certificates, Install Certificates and Evacuations Plans (Commercial Applications) Other certificates may be requested where required