What is a building information certificate, and why do I need one?

When designing, planning, and building in New South Wales, property owners often find themselves navigating a maze of approvals and certificates. You may have heard of a few different approvals, like:

• Development Applications (DAs): Seeks approval for a new development.
  
• Construction Certificates (CCs): Confirm that approved plans meet building code and technical requirements before work starts.
  
• Occupation Certificates (OC): Confirm a new building is safe and fit to occupy once complete. You can also get a Partial OC, which can be issued for part of a building where other sections are still being completed.

Amid all these, one of the most common questions we hear is: “What is a building information certificate?”

This guide will explain building information certificates, why they matter, and how they can give you clarity and confidence in your design and building journey.

What is a building information certificate?

A building information certificate (sometimes called a BIC) is an approval issued by your local council under the Environmental Planning and Assessment Act 1979 (EPA Act). It applies to an existing building and confirms that the council will not take any enforcement action to have the building demolished, altered, or repaired for a set period (usually seven years).

In simple terms, a BIC offers peace of mind if you’re worried about unauthorised building works — or you’re purchasing a property where the history of approvals is unclear. Once issued, it effectively “locks out” the council from taking proceedings about matters existing at the time of issue.

For many property owners, it is the only option to resolve uncertainty and prevent compliance issues from arising in the future.

Why might I need a building information certificate?

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There are several reasons why property owners or buyers in NSW apply for a BIC:

• Purchasing or selling property: If you’re buying a home, you want reassurance that there are no hidden compliance problems. A BIC gives both the buyer and seller certainty.
  
• Unauthorised building works: If structures were built without the proper development consent or construction certificate, a BIC can protect against enforcement action.
  
• Older buildings: Records can be lost over time. A certificate confirms that the building is acceptable in its current form, accounting for fair wear and tear.
  
• Future use or development: A BIC ensures the property won’t face compliance issues that could delay or complicate new plans.

Without a certificate, a council may issue a development control order or even commence proceedings in the Land and Environment Court if it believes non-compliant works exist.

How does a building information certificate protect property owners?

The key benefit is protection from enforcement. Once a BIC is issued, your local council cannot:

• Require you to demolish or alter the building
  
• Order you to carry out remedial work (unless related to safety or urgent issues)
  
• Commence proceedings in the environment court regarding the condition of the building.

This protection lasts seven years, ensuring certainty for owners, buyers, lenders, and anyone interested in the property.

It’s particularly useful when unauthorised works exist because obtaining retrospective development consent is often impossible. A BIC is often the most practical way forward.

The process of applying for a building information certificate

Step #1: Application

• The property owner (or another authorised person) lodges a BIC application with the local council.
  
• A private certifier cannot issue BICs — they are only issued by councils.

Step #2: Supporting documents

• You will need to submit survey reports, existing building plans, and sufficiently detailed specifications about the structure.
  
• These documents help the council assess whether the building poses any risks or non-compliance.

Step #3: Inspection

• The council may conduct site inspections to verify the property's condition and any structures.

Step #4: Assessment

• The application is reviewed under the Planning and Assessment Act to determine whether the building can remain as is or whether work is required.

Step #5: Outcome

• If approved, the BIC prevents the council from taking enforcement action for seven years.
  
• If the council refuses, it may issue a written direction notice or even require the building to be repaired, altered, or demolished. You can sometimes appeal this in the Land and Environment Court.

What happens if the council refuses a building information certificate?

A refusal doesn’t always mean the end of the road. If a council refuses your application, you may have several options:

1. Comply with any order or written direction notice to make the building safe or compliant.
   
2. Lodge a development application for works needed to regularise the building.
   
3. Seek a review or appeal to the Land and Environment Court.

In some cases, refusal may highlight significant non-compliance or safety risks, requiring the building to be repaired, demolished, or altered.

How Sorensen Design can help

Image: Freepik

At Sorensen Design, we understand that navigating planning laws, certificates, and compliance can be overwhelming for property owners. We work closely with local councils, private certifiers, and other building industry professionals to streamline the process.

Here’s how we can support you:

• Preparing building plans and documentation for applications
  
• Advising on whether a building information certificate may be required
  
• Assisting with development applications and construction certificates
  
• Guiding you through council processes, ensuring that sufficiently detailed information is provided
  
• Liaising with professionals to resolve compliance issues effectively.

Whether you’re planning a new building, making alterations, or purchasing an existing property, our experienced team will ensure you have the information you need to make informed decisions.

Why it’s important to understand building information certificates

A building information certificate guarantees that an existing building won’t face enforcement action from the council for seven years, even if past approvals are uncertain. It’s the most practical solution for many property owners when records are missing or unauthorised works exist.

If you’re buying, selling, or planning new works and want confidence that your property is secure, a building information certificate in NSW could be exactly what you need.

The Sorensen Design team often helps our clients navigate the application process, from initial building plans to approvals and certificates. Contact our team today to discover how we can support your project and give you clarity for the future.

Feature Image: Freepik