Lodge a Building Information Certificate

Building Information Certificate

Step 1.Why do I Apply?

An application for a BIC is typically made when unauthorised building works have been carried out. As it is not possible 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.

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

  • make an order (or take proceedings for the making of 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 in relation to any encroachment by the building onto land vested in or under the control of the council.

A council can inform an applicant the works that need to be done to the building before the council will issue the Building Information Certificate. A council can also refuse an application for a Building Information Certificate, but it must give sufficiently 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.

Additionally, a council 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.

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.

Further information and guidance on the Building Information Certificate process can be found within the Practice Note.

Step 2.Application Requirements

A Building Information Certificate application may be requested for either a part or whole of a building and may be requested by:

  1. The owner of the property;
  2. Another person, with the consent of the owner of the property;
  3. The purchaser of a property under a contract of sale (including the purchaser's solicitor or agent);
  4. A public authority that has notified the owner of its intention to apply for the certificate.

A council may request an application for a BIC to include the relevant information required for it to determine an application. The applicant may be required to supply information, such as building plans, specifications, survey reports and certificates.

How to Apply

Building Information Certificate Applications can only be submitted to Council online via the NSW Planning Portal.

If you lodged your Development Application via the Portal you can login to the NSW Planning Portal, otherwise you will need to create an account.

To understand how to use the NSW Planning Portal refer to the NSW Planning Portal's Quick Reference Guides.

For technical issues with using the NSW Planning Portal contact Service NSW's Support Service.

 NSW Planning Portal Fees

In accordance with the NSW Environmental Planning and Assessment Regulation 2000, applicants are required to pay a digital application processing fee for certain planning applications and certificates.

A full list of fees can be found on the NSW Planning Portal Service Fees page.

Step 3.Lodgement Support

If you need assistance using the online portal service, please view the Department of Planning, Industry and environment's How to Guide or contact Service NSW on 1300 305 698 for additional support.

You can also contact Council's Customer Service Officer (Planning) on 02 6643 0200 for assistance lodging your application on the Portal.