When to apply for a Building Certificate?
A Building Certificate is a document issued by Council relating to existing works to a building. A Building 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 Council.
Often a Building Certificate is requested when work is undertaken without the appropriate approvals being issued by Council or a Private Certifier. A building certificate states that Council will not take any action for a period of 7 years to Order, or take proceedings for an Order, to have the building covered by the certificate to:
- be demolished, altered, added to or rebuilt or;
- resolve any encroachment by the building onto land under the control of Council.
Building Certificate application requirements
A Building Certificate application may be requested for either a part or whole of a building and may be requested by:
- the owner of the property;
- another person, with the consent of the owner of the property;
- the purchaser of a property under a contract of sale (including the purchaser's solicitor or agent);
- a public authority that has notified the owner of its intention to apply for the certificate.
A Building Certificate application is to include an original or certified copy of a survey report and plan if it is related to residential zoned land. For land situated in other zones you may be required to provide a survey report.
The survey report and plan must represent the property and buildings as existing at the time of lodging the application. Additional information may also need to be provided (including building plans, specifications and certificates) to allow Council to assess the application.