What Happens If My Commercial Building Fails a BIC Inspection?

A Building Information Certificate (BIC) can protect commercial property owners from future council enforcement.

But what happens when your building doesn’t pass the inspection?

Let’s break it down clearly so you know exactly what to expect.

1. You’ll Receive a Council Refusal or a Request for Rectification

If your building fails the BIC inspection, the council will typically issue a formal letter stating why.

This may include structural concerns, unauthorised work or non-compliance with the Building Code of Australia.

At this stage, you’ll be asked to rectify the issues before your development application can proceed.

In many cases, this will delay your timeline for DA approval or leasing.

2. Council May Issue Orders or Notices

In serious cases, the council may issue orders under the Environmental Planning and Assessment Act.

These include Fire Safety Orders, Orders to Demolish or to Cease Use.

This is where strong town planning advice is critical.

At Town Planning Sydney, we’ve helped commercial landlords in suburbs like Parramatta and Liverpool respond swiftly and secure council approval with minimal delays.

We assess the issues, liaise with council and prepare a plan that aligns with NSW planning requirements

3. You May Need Retrospective DA Approval

If the work on the building was done without approval, you’ll likely need to lodge a retrospective development application.

This isn’t a straightforward process and must be handled by an experienced planning consultant.

For example, we recently helped a warehouse owner in Blacktown whose mezzanine level was built without approval.

Our in-house drafting team prepared architectural plans, we submitted the DA and secured the retrospective council approval without needing demolition.

4. Expert Reports and Engineering May Be Required

Depending on the reason for failure, the council may request a structural engineer’s report, a fire safety audit or compliance certification.

Our team can coordinate all required consultants and documentation to fast-track this process.

This saves time, avoids miscommunication and supports a smoother DA approval path.

Without coordinated planning, this stage often drags out and increases costs unnecessarily.

5. Unresolved Non-Compliance Can Impact Leasing or Sale

If you're planning to sell or lease the property, a failed BIC becomes a red flag.

Buyers and tenants often request a valid BIC before signing contracts.

In NSW planning, this certificate gives assurance that the council won’t take regulatory action for seven years.

We often see owners lose valuable deals simply because the BIC wasn’t approved in time.

Getting planning advice early helps avoid these last-minute surprises.

6. You Can Appeal, But It’s Complex

If you disagree with the council’s decision, there is a pathway to appeal via the Land and Environment Court.

However, this is a legal process that requires expert representation.

At Town Planning Sydney, we focus on resolving issues before it gets to that point.

We guide clients through clear steps to ensure compliance and avoid unnecessary disputes.

7. How to Prevent a Failed BIC Inspection

The best defence is good planning.

Before applying for a BIC, speak to a planning consultant who understands your building, use and local council expectations.

We help property owners throughout NSW, from retail shopfronts in Penrith to commercial strata in the Hills District.

Our team provides accurate architectural drafting, DA support and direct council engagement.

This leads to faster council approval, fewer issues and long-term protection for your property.

Need support with a BIC issue or planning advice for your commercial site?

Town Planning Sydney has the experience and in-house design capability to help you move forward confidently within NSW planning laws.