Will a BIC Protect Me from Future Council Enforcement?

If you've completed building works without prior council approval, you're not alone.

In NSW, it’s more common than you might think, especially for small business owners, landlords or homeowners unaware of the rules.

But once a council becomes aware of unapproved works, enforcement action is a real risk.

That’s where a Building Information Certificate (BIC) can be a powerful tool.

Let’s break down what a BIC actually protects you from, and where its limits lie.

1. What is a Building Information Certificate?

A BIC is a formal certificate issued under the Environmental Planning and Assessment Act 1979.

It confirms that the local council will not take any enforcement action for building works as they exist at the time of inspection.

This includes unauthorised structures like internal fitouts, commercial shopfront changes or residential additions.

In our experience as planning consultants, most property owners seek a BIC either before a property sale or after receiving a warning from council.

A BIC can be an effective strategy for avoiding demolition orders, stop work notices or costly fines.

2. What protection does a BIC actually provide?

The key benefit of a BIC is this: once granted, the council cannot take enforcement action for the inspected structures for a minimum of 7 years.

This gives owners legal protection and peace of mind when selling, leasing or refinancing their property.

For example, if you’ve added an office mezzanine in your warehouse without DA approval, a BIC prevents council from ordering its removal, provided it is structurally sound and safe.

However, the certificate only applies to the existing physical structures at the time of application.

It does not give blanket approval for future works or allow you to skip the DA process for new development.

3. When is a BIC not enough?

A BIC does not override zoning restrictions or NSW planning laws.If your property breaches building codes, fire regulations or environmental requirements, the council may still require upgrades, even after the BIC is issued.

Take this case: a client had installed a commercial kitchen in a retail unit without DA approval.

We obtained a BIC to stop enforcement, but council later required a separate development application to address fire safety and ventilation compliance.

That’s why it’s important to get planning advice before assuming a BIC will solve all issues.

4. How does a planning consultant help?

Applying for a BIC is more than just filling out a form.

You’ll need existing use rights confirmed, accurate architectural drawings, and a planning consultant to assess whether council is likely to support the application.

At Town Planning Sydney, we regularly help clients navigate this process, especially when time is critical.

We combine in-house drafting with expert NSW planning advice to minimise delays and ensure your documents are council-ready.

5. Can a BIC lead to full DA approval later?

Sometimes, yes.

If council flags issues in your BIC assessment, they might allow you to fix the non-compliance through a separate development application.

This happens often with unauthorised awnings, alfresco dining setups or signage in commercial zones.

Our team recently helped a business owner in Parramatta who installed a shopfront awning without approval.

We secured a BIC first to halt enforcement, then prepared a tailored DA to legalise the structure.

The dual approach saved them thousands in penalties and ensured long-term council approval.

6. Should I get a BIC or lodge a DA?

That depends on your situation.If the works are already complete and you're facing potential penalties, a BIC offers immediate protection.

If you're planning new works or want to change the use of the premises, a development application is the proper path.

The best way to decide is to speak with a planning consultant.

They’ll review your property history, zoning and any prior approvals to recommend the best path forward.

In NSW, getting the right advice early can be the difference between a smooth outcome and a costly legal battle.

Town Planning Sydney is here to help with strategic advice, drafting and full-service DA support wherever you are in the state.