Building Information Certificates

A Building Information Certificate prevents the Council from making an order under the Environmental Planning & Assessment Act, 1979 or the Local Government Act, 1993 requiring a building to be repaired, demolished, altered or rebuilt, or from taking civil proceedings for any encroachment over land which is under the control of Council.

The Certificate is only for matters that exist or have occurred before the date the certificate is issued, and only for a period of seven years. A BIC is essentially a “Certificate of Non Action” issued by Council.

A BIC does not prevent Council from issuing a fire safety or a building product rectification order. Under criminal law the issuing of a BIC does not prevent Council from taking action against a person/or persons involved in the unlawful erection of a building or structure.

A BIC is generally applied for to satisfy the following persons or entities:

• By Solicitors, Conveyancers and Agents representing owners or purchasers of a property.
• By lending authorities representing owners or purchasers of a property.
• By owners or persons authorised by the owner seeking confirmation from Council does not intend to take any further action in relation to a building or structures, either whole or part, which stand on a site.

The following may apply for a BIC:

• The owner or any person with the owner’s consent
• The purchaser of a property under contract of sale or the purchaser’s legal practitioner or agent (within Australia)
• A public authority that has notified the owner of that land of its intention to apply for the certificate.

A BIC application must be submitted via the NSW Planning Portal (LINK) and needs to be accompanied by sufficient information (including all previous development consents) to enable a proper assessment. To assist customers in preparing a BIC application, Council has prepared the following Supporting documentation checklist NSW Planning Portal.