Building Information Certificates

WHAT IS A BUILDING INFORMATION CERTIFICATE?

A Building Information Certificate is issued under section 6.7 of the Environmental Planning and Assessment Act 1979.

A Building Information Certificate operates to prevent the Council, for a period of 7 years from the date of issue of the certificate, from making an order (or taking proceedings for the making of an order or injunction) under the Environmental Planning and Assessment Act 1979 or the Local Government Act 1993 requiring the building to be repaired, demolished, altered, added to or rebuilt.

However, a Building Information Certificate does no operate to prevent a council from making a development control order that is a Fire Safety Order or a building product rectification order (within the meaning of the Building Products (Safety) Act 2017).

A Building Information Certificate does not include swimming pool safety fencing as this matter is addressed under the Swimming Pools Act 1992.

APPLYING FOR A BUILDING INFORMATION CERTIFICATE

The application for a Building Information Certificate form may be lodged by:

•    Any person with the property owner’s consent
•    The owner’s solicitor or agent|
•    A purchaser who has entered into a contract to purchase the property
•    A purchaser’s solicitor or agent
•    Any public authority that has notified the owner of its intention to apply for the certificate.

Applicants are required to include the details for access arrangements to enable an inspection of the premises or property to be carried out by Council’s officer.

MINOR RESIDENTIAL DEVELOPMENT - BUILDING INFORMATION CERTIFICATE

Dwellings and multiple dwelling housing are considered minor residential development.

For this type of development, a current survey needs to be submitted with the application form.  The survey needs to be a true representation of all structures on the land at the time of the submission of the Building Information Certificate.

RESIDENTIAL FLAT BUILDINGS, COMMERCIAL OR INDUSTRIAL DEVELOPMENT - BUILDING INFORMATION CERTIFICATE

A current floor plan of the subject premises and a current survey plan is required to be submitted with the application form.

COUNCIL ASSESSMENT

In order to determine an application for a Building Information Certificate, Council will inspect the building and review relevant Council records and documentation submitted as part of the application.

Further information may be requested to enable Council to issue the Building Information Certificate.

An additional assessment fee will be payable if we need to carry out more than one inspection, or if the floor area of the overall building is greater than that stated in the application.