Can I Sell My Property Without a BIC?

Selling a property in NSW can be complicated if unauthorised building works are involved.

One of the most common questions we hear at Town Planning Sydney is:“Can I sell my property without a Building Information Certificate (BIC)?”

The short answer is: yes, but it comes with risks.

Let’s break it down clearly so you can make an informed decision.

1. What is a Building Information Certificate?

A Building Information Certificate is issued by your local council in NSW.

It confirms that the council will not take any enforcement action against the existing building for a period of seven years.

It’s not the same as a DA approval or construction certificate.

Instead, a BIC is mostly used to regularise unauthorised works on a property.

In other words, if you’ve built something without council approval, this certificate protects you from retrospective compliance action.

For many buyers and solicitors, a BIC offers peace of mind.It can be a key selling point in competitive property markets.

2. Can I Legally Sell Without One?

Yes, you can legally sell a property in NSW without a BIC.

There is no current law that requires a seller to provide one before settlement.

However, here’s where things get tricky.

If your property has any unauthorised or non-compliant structures, the buyer can request a BIC as part of their due diligence.

If you don’t have one, the sale can be delayed, renegotiated or fall through.

From our experience as planning consultants, most buyers will flag unauthorised works during a building inspection.

This often results in requests for reductions in price or for rectification before settlement.

3. How a Planning Consultant Can Help

If you suspect your property includes unauthorised work, don’t wait for the buyer to raise it.

Engaging a planning consultant early can help you assess your options.

At Town Planning Sydney, we regularly support property owners with retrospective planning advice.

We prepare and lodge development applications where required and help obtain a

BIC through proper council channels.

Our in-house drafting team ensures that all plans submitted to council are accurate, compliant and ready for approval.

4. Hypothetical Example: Granny Flat Without Approval

Let’s say you added a granny flat to your property five years ago without lodging a DA.

You now want to sell.

A buyer’s solicitor might ask for documentation confirming the flat is approved.

If you don’t have anything on record, you could be advised to apply for a BIC.

But if the structure doesn’t meet NSW planning rules, you may first need to lodge a development application.

Delays like these can derail a quick sale.

We’ve helped many clients fast-track council approval by managing both the DA process and the BIC application together.

5. Why You Shouldn’t Wait Until the Last Minute

If you know or suspect you have unapproved works, seek planning advice early.

Some councils have long processing times for both development applications and BICs.

Having a DA approval in place for your works can give you an edge when selling.

In some cases, having a planning consultant prepare your case can help secure approval faster and avoid further compliance issues.

6. Final Thoughts: It’s About Buyer Confidence

While you can sell without a BIC, it often reduces buyer confidence.

In a cautious market, that’s something most sellers can’t afford.

With the right NSW planning strategy, you can get ahead of the issue, protect your asset and sell with confidence.

Town Planning Sydney is here to guide you through every step of the DA and council approval process.