Can I Get a BIC for a Retaining Wall or Deck?

If you’ve built a retaining wall or deck without approval, you may be wondering if you can still get it certified.

In NSW, you may be able to apply for a Building Information Certificate (BIC) to regularise the structure.

But it’s not always straightforward.

Here’s what you need to know before lodging a BIC and how the right planning advice can make the difference.

1. A BIC is not automatic council approval

A BIC is designed to certify that an existing structure is safe and not likely to be demolished or upgraded by council for 7 years.

It doesn’t mean the structure is automatically compliant with NSW planning laws.

Council can still refuse a BIC if the work is unsafe, poorly built or breaches planning controls.

That’s why it's important to get help from a qualified planning consultant before submitting your documents.

Town Planning Sydney regularly assists homeowners and developers with BICs for retaining walls, decks and other unapproved works.

2. Retaining walls and decks must meet structural standards

Council assessors will want to know that your structure is safe and compliant with the Building Code of Australia.

For a retaining wall, this may include structural certification from an engineer, especially if it supports soil near a boundary or habitable space.

For a deck, the council may ask for plans showing footings, connections, heights and materials.

We recently helped a client in the Hills District get a BIC for a timber deck built without approval.

The original builder hadn’t included handrails or proper bracing.

We arranged a structural inspection, prepared amended drawings and submitted a revised development application.

With the right documentation in place, council issued the BIC.

3. Zoning and planning controls still apply

Even if the structure is safe, it must still meet NSW planning rules.

This includes setbacks from boundaries, height limits and heritage restrictions.

For example, if a deck sits too close to a rear boundary, or a retaining wall affects stormwater flow, council may request modifications before issuing a BIC.

Our planning consultants often review these issues before lodgement.

We provide early planning advice and design solutions to increase the chances of DA approval or BIC success.

4. Supporting documents are critical

Council won’t approve a BIC based on vague or incomplete plans.

You’ll need current site plans, elevations and sections that reflect the built condition.

Town Planning Sydney offers in-house drafting services that ensure all drawings are DA-ready and meet council standards.

This reduces assessment delays and avoids back-and-forth requests.

We also coordinate with engineers, certifiers and surveyors to compile the full documentation package.

5. Your property history matters

If council has already issued compliance notices or stop-work orders, your BIC request may face extra scrutiny.

In these cases, it’s even more important to prepare a strong submission.

We recently worked with a property investor in Western Sydney who had installed multiple decks and retaining walls without approval.

Council had issued notices and was considering legal action.

We stepped in, reviewed the site, prepared a comprehensive development application and obtained structural reports.

Our planning team negotiated with council and secured DA approval along with BICs for all structures.

6. When to engage a planning consultant

If you're unsure whether your retaining wall or deck qualifies for a BIC, it’s best to get professional planning advice early.

Our team at Town Planning Sydney has extensive experience with NSW planning and DA approval for unapproved structures.

We handle everything from design and drafting to council negotiation and documentation.

Getting council approval starts with the right advice and the right team.

Whether you need help with a BIC, a development application or a fresh set of DA-ready plans, we’re here to guide you every step of the way.