Is a BIC Required for Food Premises Fit-Out in NSW?

If you’re planning to open a cafe, restaurant or takeaway shop in NSW, one of the first questions you might ask is: “Do I need a Building Information Certificate (BIC) for my fit-out?”

Let’s break it down in simple terms.

1. What Is a Building Information Certificate (BIC)?

A BIC is a formal document issued by your local council under the Environmental Planning and Assessment Act.

It certifies that an existing building, or part of it, is safe, complies with regulations and is unlikely to be subject to council demolition or upgrade orders.

In food premises, it’s sometimes used to retrospectively approve unauthorised work.

But it’s not a one-size-fits-all solution.

2. Is a BIC Always Needed for Food Premises?

Not always.

If you’re fitting out a new food premises and all works are approved under a valid DA or CDC, then a BIC is usually not required.

However, if the existing premises were altered without council approval, for example, if walls were moved, fixtures installed or ventilation systems added, you might need a BIC to legalise those changes.

A planning consultant can assess whether your setup needs a BIC or a full development application.

3. Common Fit-Out Scenarios Where a BIC Might Be Needed

Let’s say you’ve just leased a space that was previously a retail store.

You want to convert it into a small bakery.

If the previous owner added a grease trap or a commercial exhaust system without DA approval, the council might require you to apply for a BIC.

Or consider a takeaway outlet that has expanded its kitchen into the rear of the tenancy without telling council, this too could trigger a need for a BIC.

In both examples, the BIC helps you show the building is structurally sound and compliant.

4. How Does a BIC Work with DA Approval?

A BIC only deals with the building’s physical compliance.

It does not replace the need for DA approval if your food premises involves a change of use or triggers local planning controls.

NSW planning rules often require a development application when changing from one use type to another, like retail to food and drink premises.

Town Planning Sydney regularly helps clients determine whether they need DA approval, a BIC or both.

We also provide drafting and design services in-house, so we can coordinate the architectural plans required for submission.

5. What Does Council Look For in Food Premises Fit-Outs?

Council planners look at a few key elements: Have the works been done safely?

Do they meet the Building Code of Australia and relevant food safety standards?

Are there fire exits, adequate ventilation and disability access?

If your fit-out has been done without proper checks, council may issue orders or fines.

This is where planning advice early in the process can save thousands in delays or rectification.

6. Can a Planning Consultant Help Me Avoid a BIC?

Yes.

The best time to speak to a planning consultant is before you sign a lease or start any construction.

At Town Planning Sydney, we’ve helped food business owners across NSW get council approval without costly hiccups.

We assess the premises, review existing approvals and advise whether your proposal needs a DA, BIC or CDC.

This clear planning advice up front reduces the chance of non-compliance later.

7. Final Tip: Don't Assume, Ask

Food premises approvals in NSW can be confusing, especially when previous tenants have made unauthorised changes.

If you’re unsure whether a BIC is needed for your fit-out, don’t guess.

Every council has its own requirements, and NSW planning regulations change frequently.

Engage a qualified town planning expert early and protect your investment.