Is a BIC Needed If My Building Work Is Exempt Development?

If you've recently built a deck, carport or small extension without council approval, you might be wondering whether you need a Building Information Certificate (BIC).

But if the work qualifies as exempt development under NSW planning rules, you might not need one at all.

Here’s what homeowners and developers need to know, and how the right planning advice can save you time and stress.

1. What is exempt development under NSW planning rules?

In NSW, certain types of minor development can be carried out without needing a development application or complying development certificate.

This is known as exempt development.

It includes things like small garden sheds, fences, decks, patios, carports and minor renovations, provided they meet strict size, location and design rules set out in the State Environmental Planning Policy (SEPP).

For example, a timber deck that is no more than 1 metre off the ground and located behind the building line may qualify as exempt.

But if the deck is too close to a boundary or exceeds height limits, it won’t be exempt and that’s where people often get caught out.

2. If my building work is exempt, do I still need a BIC?

If the work fully complies with the exempt development rules, you generally do not need to apply for a Building Information Certificate.

Council approval isn’t required, and you can keep the structure in place without lodging a development application.

However, if there’s any doubt about whether the structure meets the exempt development standards, it’s smart to check with a qualified planning consultant.

At Town Planning Sydney, we regularly help clients confirm whether their works are exempt, or if a BIC or DA approval is needed to fix the issue.

3. What if the work doesn’t meet exempt development rules?

If your structure doesn’t meet the exempt criteria, it’s considered unauthorised building work.In this case, council may issue a notice and require you to either remove it, lodge a development application or apply for a BIC.

A BIC is essentially council’s way of saying the structure is safe and not likely to be demolished or upgraded for 7 years.But a BIC doesn’t override NSW planning laws.

For example, we recently advised a homeowner in Blacktown who built a pergola that slightly exceeded the maximum area allowed for exempt development.

Because the work was already completed, we prepared a planning submission and structural documents to support a BIC application.

Council approved the certificate, avoiding demolition and regularising the structure.

4. Why it’s risky to assume your work is exempt

A common mistake we see is clients assuming their deck, awning or shed is exempt based on rough measurements or online advice.

Unfortunately, council doesn’t accept "close enough" when it comes to exempt rules.

Even a small variation can mean your work is non-compliant, exposing you to fines or legal issues.

That’s why we always recommend speaking to a planning consultant before you build, or as soon as you realise approval might be needed.

Early planning advice can mean the difference between a fast resolution and months of costly back-and-forth.

5. How a town planning expert can help

At Town Planning Sydney, we specialise in resolving unauthorised building works and securing council approval for structures that were built without a DA.

We assess whether your project qualifies as exempt, advise on the best pathway to compliance, and prepare all required documents for DA approval or a BIC.

If drawings or engineering plans are missing, our in-house team provides drafting and design support to bring everything up to standard.

We’ve helped clients across NSW, from Sydney’s inner suburbs to regional towns, avoid demolition, penalties and planning delays.

Whether you're dealing with a backyard deck, a boundary fence or a non-compliant granny flat, we’ll help you get it sorted quickly and professionally.