Building Information Certificate NSW: What It Does and When to Apply

What it is

A Building Information Certificate (BIC) is a written statement from a NSW council that, in respect of the building described, the council will not issue an order or take proceedings for an order or to demolish, alter, add to or rebuild the building for a period of seven years from the date of the certificate. The instrument lives in Part 6, Division 6.7 of the Environmental Planning and Assessment Act 1979 (NSW). Section 6.25 sets out the issue, nature and effect. Section 6.26 deals with applications. It is the closest thing in NSW to a clean slate for an unapproved or partly approved building.

A BIC does not approve the work. It does not amount to a development approval, a construction certificate or an occupation certificate. It does not confirm the building complies with the National Construction Code. What it does is bind the council for seven years against using its statutory order powers in relation to the matters the certificate covers. That makes it useful at the point of sale, at the point of insurance renewal, and at the point of a finance refinance.

When a BIC is used

The common triggers fall into a few buckets. An unapproved structure on title. A pergola or carport built without a complying development certificate. A bathroom relocation done by a previous owner with no records. A retaining wall that pre-dates the current owners and that no one can produce drawings for. A building that has been the subject of a complaint and where a council officer has flagged a potential order.

The other common trigger is sale. A solicitor or conveyancer will often ask for a BIC where the section 10.7 planning certificate suggests unapproved work or where the contract notes a structure for which no occupation certificate has issued. A purchaser who wants protection against a council order will require a BIC as a condition of contract.

What a BIC is not

A BIC is not retrospective approval. It does not authorise work to continue or to be extended. It does not protect against orders relating to fire safety in a building used for a purpose that introduces a new fire safety risk. It does not bind the Land and Environment Court. It does not extinguish private rights, so a neighbour with a claim in nuisance or trespass keeps their cause of action.

How to apply

The application is made to the council for the area in which the building is located, lodged through the NSW Planning Portal. Section 6.26 sets the basic content. The applicant must own the building or have the owner's consent. The application identifies the building and the part for which the certificate is sought. Photographs, plans drawn to scale, a site survey, a structural engineer's report for any load-bearing element of unknown origin and a fire safety report for Class 2 to 9 buildings are usually required.

Fees

Clause 268 of the Environmental Planning and Assessment Regulation 2021 sets the portal application fee. Councils set their own assessment fee under section 608 of the Local Government Act 1993 (NSW). Class 1a dwellings tend to attract a per-dwelling fee in the low hundreds of dollars. Larger or complex buildings are usually charged by floor area. Inspection costs and re-inspection fees sit on top.

Timeframes

Councils generally aim to decide within 28 days. The clock pauses when council requests further information. Difficult applications run longer where fire safety, structural questions or heritage issues sit on the file.

What council will check

Council will inspect the building and may require opening up to confirm hidden structure. Council will check the work against the Building Code of Australia in force at the time the work was carried out, not the current Code. Council will look at structural adequacy, fire safety, weatherproofing, access where relevant and any prior orders or complaints on the property file. If the work is dangerous, council can refuse the BIC and issue an order. The order option is the reason a BIC is best lodged with full supporting reports rather than as a bare application.

After the BIC issues

The certificate runs for seven years from issue. Section 6.25(3) allows the seven-year protection to be displaced where the council later forms the view that there has been a change since the BIC was issued that creates a danger or that the BIC was procured by fraud. For most owners the practical effect is a clean record at sale and a settled position for insurance.

Risk points to manage

A BIC application is itself a trigger for council attention. A building that would otherwise sit quietly on the file is now on the planner's desk. An application made without the right reports can produce an order rather than a certificate. The right sequence is: instruct a building consultant, get the engineer's report and the fire safety report ready, address obvious defects, then lodge.