What is a Building Information Certificate (BIC) and When Do I Need One?

Building Information Certificates in NSW: Purpose, Process and When They Apply

A Building Information Certificate (BIC) is a mechanism in the NSW planning and building system that provides protection for existing structures from council enforcement action. It is most commonly sought when works have been carried out without the appropriate approval, or when a property owner wants certainty about the status of an existing structure before selling or developing.

In short: A BIC is issued by council and provides assurance that council will not take action to have a building or part of a building demolished, altered or removed for a specified period. It does not legalise the works in the same way as a development consent, but it provides practical protection.

What Does a BIC Do?

Under Section 6.26 of the Environmental Planning and Assessment Act 1979, once a BIC is issued, council is prevented from issuing an order requiring the building (or the part of the building to which the BIC relates) to be demolished, altered or added to for a period of seven years from the date of the certificate.

A BIC does not:

• Grant retrospective development consent

• Confirm that the works are lawful under the EP&A Act

• Override any conditions of an existing development consent

What it does do is provide significant practical protection against enforcement, which is often sufficient for owners seeking to sell or refinance a property with unapproved works.

When is a BIC Required?

Common scenarios where a BIC is sought include:

• Unapproved additions or alterations discovered during a property transaction

• Structures built without a Construction Certificate or Occupation Certificate

• Decks, pergolas, sheds or ancillary structures built without approval

• Conversions (garage to habitable room) carried out without consent

• Works that predate current planning controls

Step-by-Step: Applying for a BIC

1. Identify the unapproved structure or works requiring the BIC.

2. Engage a building consultant or surveyor to assess whether the works comply with the BCA standards that applied at the time of construction.

3. Prepare a BIC application to council, including a description of the works, plans showing the existing structure and any relevant reports.

4. Lodge the application with council. Council will inspect the works.

5. Council may require the works to be brought up to current standards (or the standards applicable at the time of construction) as a condition of issuing the BIC.

6. Once satisfied, council issues the BIC.

Real-World Examples

Example 1: Unapproved deck discovered at sale 

A homeowner preparing to sell discovers that a rear timber deck was built by the previous owner without any approval. The deck is structurally sound and meets the setback requirements of the applicable DCP. A BIC application is lodged with council. Council inspects the deck, confirms it is structurally sound and does not represent a serious safety hazard, and issues the BIC. The sale proceeds.

Example 2: External stairway and deck at a foreshore property 

A foreshore property has an external timber stairway and deck that were constructed without a DA or Construction Certificate. The owner seeks a BIC in connection with a new DA for additional works. The BIC application addresses the structural adequacy of the existing works and their compliance with applicable standards.

Common Misconceptions

"A BIC means the works are approved." 

A BIC does not grant development consent. It provides protection from enforcement for a defined period but does not confirm the works are lawful.

"Council always issues a BIC if you apply." 

Council can refuse to issue a BIC if the works pose a safety risk or are so seriously non-compliant that protection from enforcement would be inappropriate.

"I can sell a property with unapproved works as long as I disclose them." 

Disclosure is a vendor obligation under the Conveyancing Act 1919, but it does not remove the buyer's ability to seek remediation or affect the property's value. A BIC provides more substantive protection.

Frequently Asked Questions

How long does a BIC last? 

A BIC provides protection from enforcement for seven years from the date of issue.

Can I get a BIC for any unapproved works? 

Not necessarily. Council must be satisfied that the works are structurally sound and do not pose a safety hazard. Works that are seriously non-compliant or dangerous are unlikely to receive a BIC.

Does a BIC affect my home insurance? 

This is a matter for your insurer. Some insurers treat unapproved works differently, regardless of whether a BIC has been issued.

What is the difference between a BIC and an Occupation Certificate? 

An Occupation Certificate is issued after approved works are completed, confirming the building is suitable for occupation. A BIC is issued for existing unapproved works to provide protection from enforcement.

Can I get a BIC for a unapproved dwelling? 

Unapproved dwellings are a more complex matter. Council may require a retrospective DA (if the dwelling would have been approvable) or refuse to issue a BIC if the dwelling is fundamentally inconsistent with planning controls.

How much does a BIC cost? 

BIC fees are set by council and vary. The overall cost includes council's fee plus any consultant costs for structural reports and plan preparation.