Building Information Certificates
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 must be submitted on the NSW Planning Portal and 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.
Fees for all Building Information Certificates are detailed in Council's Fees and Charges schedule.
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.
Regularising unauthorised building work
For this work a Development Consent for the use of the building is a prerequisite to the submission of a Building Information Certificate.
Any application for a Building Information Certificate to regularise unauthorised building work must be accompanied by a current Identification Survey Report as well as professionally drawn plans, elevations, sections and specifications detailing the works as detailed in Schedule 1 of the Environmental Planning and Assessment Regulation 2000 for the lodgement of a Construction Certificate.
The standard for the plans and details for the works are not less than that required by the legislation if Consent for the work had been sought before it was constructed.
Additionally and depending on the work, other documentation, including but not limited to Structural Engineers Certification, Plumbing and Draining Certification and Fire Safety Certificates may be required to enable proper assessment of any application.
It is important to note that the determination of any Building Information Certificate does not prevent Council taking action for any breaches of legislation in accordance with Council's Enforcement and Compliance Policy.
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 more than one inspection is required, or if the building is a Residential Flat Building, a Commercial or Industrial Building and the overall floor area of the building is greater than that stated in the application.