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What is a Building Information Certificate?
A Building Information Certificate confirms Council will not issue a Development Control Order under the Environmental Planning and Assessment Act 1979 or Local Government Act 1993 requiring the building to be repaired, demolished, altered, added to or rebuilt. The certificate also prevents Council from taking civil proceedings in relation to any encroachment by the building onto land vested in or under the control of Council.
Council may still issue an order to stop use of the building or a Fire Safety Order under the Environmental Planning and Assessment Act 1979, or a Building Product Rectification Order under the Building Products (Safety) Act 2017.
When should I apply for a Building Information Certificate?
A Building Information Certificate is a conveyancing certificate that has historically been obtained by prospective purchasers who are seeking certainty that an existing building will not be subject to a demolition order.
Apply for a Building Information Certificate
Who can apply?
A Building Information Certificate application can be lodged 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 sole (including the purchaser’s solicitor or agent),
- A public authority that has notified the owner of its intention to apply for the certificate.
Application form
The Building Information Certificate application form must be completed by the applicant.
Required information
Every application for a Building Information Certificate must be accompanied by a current site survey report. Depending on the type of building work, further information may be required. Please refer to the checklist on page 2 of the application form.
On receipt of the application, Council may request the submission of any additional information necessary to enable the proper determination of the application. You will be advised in writing if additional information is required.
Application lodgment
An application must be lodged on the NSW Planning Portal. The NSW Government has prepared a step-by-step user guide for lodging a Building Information Certificate on the NSW Planning Portal.
Assessment process
Once the Building Information Certificate application has been lodged and payment has been receipted, it will be assessed using the following process:
- Initial assessment – the information is assessed by a Council Building Surveyor,
- Inspection - A Council Building Surveyor will contact the applicant to arrange an inspection of the building,
- Request for additional information - Council may request the submission of any additional information that is necessary to enable the proper determination of the application. You will be advised in writing if additional information is required,
- Determination - the Building Information Certificate application will be determined.
Assessment time
It typically takes three weeks to complete the initial assessment and inspection, however, this can vary based on the complexity of the application.
Can the application be amended?
A Building Information Certificate application cannot be amended once it has been lodged in accordance with the Environmental Planning and Assessment Act 1979.
Unauthorised building work
A Building Information Certificate is not an approval. It does not retrospectively approve or regulate unauthorised building work.
Council cannot retrospectively approve unauthorised building work. It is strongly recommended that you obtain Development Consent prior to carrying out any building work that requires development consent.
Is a Building Information Certificate an Occupation Certificate?
A Building Information Certificate is not an Occupation Certificate and it is not a substitute for one.
An Occupation Certificate must be obtained before a building is occupied in accordance with s 6.9 of the Environmental Planning and Assessment Act 1979.
It is an offence to occupy a building without an Occupation Certificate and Council may issue penalty notices and/or a Development Control Order to stop use of the building, even if a Building Information Certificate has been issued.
Does a Building Information Certificate authorise an Occupation Certificate to be issued?
A Building Information Certificate does not resolve non-compliant development that may prevent a Principal Certifier issuing an Occupation Certificate and it does not authorise the Principal Certifier to issue an Occupation Certificate.
All building work should be done in accordance with the Development Consent. If you anticipate that building work will not be done in accordance the Development Consent due to site conditions, design changes or other factors, you should stop work and obtain any necessary approvals before carrying out the building work.
Carrying out building work that is not consistent with the Development Consent may prevent an Occupation Certificate being issued for the completed development.