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Post Consent Certificates

Building Information Certificate

A Building Information Certificate is a document issued by Council relating to existing works to a building.

Why apply for a Building Information Certificate?

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.

Building Information Certificate 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.

Councils using the Online Building Information Certificate service.

  • BEGA
  • CANTERBURY-BANKSTOWN 
  • CESSNOCK
  • LITHGOW
  • EUROBODALLA
  • LORDE HOWE
  • SYDNEY OLYMPIC PARK AUTHORITY
  • CITY of SYDNEY
  • WOLLONGONG
  • CLARENCE VALLEY
  • COFFS HARBOUR
  • NEWCASTLE
  • SUTHERLAND
  • NORTH SYDNEY
  • DUBBO REGONAL
  • URALLA
  • PORT MACQUARIE HASTINGS
  • OBERON
  • SNOWY MONARO REGIONAL
  • FAIRFIELD

How to apply online
  1. Register for a NSW Planning Portal account to start your application.
  2. Log in to complete the online application form.

Fees

In accordance with the NSW Environmental Planning and Assessment Regulation 2021, 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.

A council will also charge a fee under the Local Government Act 1993 for their service in assessing and reviewing the application for a Building Information Certificate.


More information

If you need assistance using the online service, please view our quick reference guides or contact ServiceNSW on 1300 305 695 for additional support.

Last updated: 23/11/2022

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