Do I Need a BIC if I Bought a Property with Unapproved Structures?

If you’ve recently bought a property in NSW and discovered it has unapproved structures, you’re not alone.

Many homeowners inherit unauthorised works without realising the legal and planning implications.

The key question is: Do you need a Building Information Certificate (BIC)?

Let’s break it down.

1. What is a BIC and why does it matter?

A Building Information Certificate is issued by your local council.It confirms that existing structures, whether approved or not, are unlikely to be the subject of demolition or upgrade orders for at least 7 years.This is especially valuable when dealing with unauthorised additions such as granny flats, sheds, garages, or extensions.

NSW planning laws allow you to apply for a BIC to regularise these works.

It won’t “approve” the works in the same way as a development application, but it will protect you from enforcement action.

That’s where proper town planning advice comes in.

2. Is a BIC legally required if you’ve already bought the property?

Technically, no, there’s no law forcing you to get a BIC just because you’ve taken ownership.

But here’s the catch: if you don’t get one, you may face trouble when selling or refinancing the property.

Future buyers often request confirmation that all structures are approved and certified.

If your contract or Section 10.7 Planning Certificate reveals unauthorised works, the buyer may walk away.

Many banks also require a BIC or DA approval before approving loans.

So while not mandatory, a BIC offers peace of mind and legal protection.

3. What are the risks of ignoring it?

Let’s say the previous owner built a deck without council approval.

You didn’t build it, but if someone reports it, the council can issue a demolition or rectification order against you.

This is why smart property owners work with a planning consultant to get ahead of the issue.

You don’t want to be caught in the middle of a costly enforcement process.

Our team at Town Planning Sydney has helped dozens of homeowners regularise old works and prevent future problems.

4. Can’t I just apply for a DA instead of a BIC?

Sometimes, yes.

But the process is more complex.

A development application (DA) is generally required for new or significant alterations.

If you’re seeking DA approval for a granny flat, new dwelling or renovation, this is the right path.

However, if you only want to validate what’s already built, a BIC is usually faster and more cost-effective.

In some cases, you may need both a DA and a BIC, especially if the unauthorised structure doesn’t comply with current planning controls.

An experienced planning consultant can assess your specific case and recommend the best route forward.

It’s not a one-size-fits-all scenario.

5. How can I get a BIC in NSW?To apply for a BIC, you’ll need to provide existing plans, survey details and possibly new drawings.This is where architectural drafting comes in.

Our in-house design team works alongside our NSW planning experts to prepare all the documentation in one go.

We liaise with councils, prepare statements, and respond to requests for additional information, saving you time and stress.

With the right planning advice, the process becomes manageable, even if your property history is messy.

6. Real example: When acting fast pays off

One of our recent clients bought a home in Western Sydney with an unapproved rear extension.

The previous owner hadn’t disclosed the issue properly.

We advised the buyer to secure a BIC before listing it back on the market.

Within 6 weeks, we’d prepared the drafting, submitted the application and secured council approval.

As a result, the client sold without conditions and with no delays at settlement.

If you’ve purchased a property with unapproved works, it’s not the end of the world.

But it’s essential to understand your responsibilities under NSW planning law and take action before it becomes a legal or financial problem.

Town Planning Sydney can help you get the right approvals, and the right advice, from the start.