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Building Information Certificates — NSW

A Building Information Certificate is issued by council under the Environmental Planning and Assessment Act 1979 (NSW). It limits council's power to order the demolition, alteration or rebuilding of works that already exist — and is often needed where works lack clear approvals, or during a property sale or purchase.

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Last updated: 1 August 2026 · Written by Dr George Greiss

Building works and approvals under review for a Building Information Certificate in NSW

What a Building Information Certificate does

A Building Information Certificate (BIC) is issued by the local council under the Environmental Planning and Assessment Act 1979 (NSW). It states that council will not make an order — or take proceedings for an order — requiring the building to be demolished, altered, repaired or rebuilt, generally for a period of seven years, in relation to matters existing at the date the certificate is issued.

It is just as important to understand what a BIC is not. It is not a development consent, a construction certificate or an occupation certificate, and it does not retrospectively approve unauthorised works. What it does is restrain council's enforcement powers over the building as it stands — which is often the practical resolution owners, purchasers and sellers are looking for.

Councils usually require an identification survey and building information with the application, and will typically inspect the property before deciding. Where council identifies issues, it may require further information — or works to be carried out — before it will issue the certificate. Understanding those likely sticking points before lodging is where good preparation pays off.

When you might need a BIC

  • Unauthorised or undocumented building works on a property
  • Buying or selling a property where the approval history is uncertain
  • Responding to a council notice, order or compliance investigation
  • Regularising old works carried out by a previous owner
  • Lender or insurer requirements relating to the status of existing works

What we review

  • The property, the existing works and the site context
  • Approval history — development consents, construction and occupation certificates
  • How the works as built relate to any approvals on record
  • Council correspondence, notices or orders affecting the property
  • The relevant planning controls and any compliance issues they raise
  • Survey and supporting documentation council is likely to require
  • Regularisation options and the practical pathway available

How Greiss Planning helps

  1. Review — we examine the property records, approval history and the works themselves, and identify the issues council is likely to focus on.
  2. Advise — we set out the available pathway: a Building Information Certificate alone, or combined with other steps to regularise the works.
  3. Prepare — we prepare the application and supporting information, and coordinate survey or other inputs where needed.
  4. Respond — we liaise with council during assessment and advise on next steps if council raises requirements or declines to issue the certificate.

Why Greiss Planning

Greiss Planning is led by Dr George Greiss — a town planner with a PhD in urban planning and sixteen years of experience inside local government, personally assessing development applications and compliance matters. That experience matters in BIC work: we understand how councils approach unauthorised works, what they need to see before issuing a certificate, and how to present a matter so it can be resolved rather than escalated.

Dr George Greiss, Principal Planning Consultant, Greiss Planning

Dr George Greiss

Founder & Principal Planning Consultant · PhD Urban Planning · Adjunct Associate Professor, Western Sydney University

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Frequently asked questions

What is a Building Information Certificate?

A Building Information Certificate is a certificate issued by a local council under the Environmental Planning and Assessment Act 1979 (NSW). It states that council will not order the demolition, alteration, repair or rebuilding of a building — generally for seven years — in relation to matters existing when the certificate was issued. It is most commonly sought for unauthorised works or during property transactions.

Does a BIC make unauthorised works legal?

No. A Building Information Certificate does not approve works and does not take the place of a development consent or occupation certificate. What it does is restrain council from ordering demolition, alteration or rebuilding of the building as it exists. The works remain unapproved, which can matter for insurance, future alterations and disclosure — we advise where further regularisation is worth pursuing.

Who can apply for a Building Information Certificate?

The owner of the property can apply, as can another person with the owner's consent. A purchaser under a contract of sale — or their solicitor or agent — can also apply, which is why BICs often arise during conveyancing. Councils generally require the land to be identified and supporting information, usually including an identification survey, to accompany the application.

Do I need a BIC when buying a property with unapproved works?

It is often prudent. Where a building includes works without clear approvals, a Building Information Certificate gives a purchaser comfort that council will not require those works to be demolished or altered for the period the certificate covers. Whether to seek one before exchange, or deal with it in the contract, is a matter for your legal adviser — we assist with the planning side.

How much does a Building Information Certificate cost?

Council charges an application fee, which varies with the nature of the building and the works involved. Our support — reviewing the approval history, preparing the application and supporting information, and liaising with council — is quoted as a fixed fee once we understand the matter, so you know the cost before we start.

What happens if council refuses the BIC?

Council may decline to issue a certificate until identified issues are addressed — for example, by requiring further information or works to bring the building to an acceptable standard. Options include responding to council's concerns, carrying out the required works, or pursuing regularisation through a development application. A refusal can also be appealed to the Land and Environment Court. We advise on the practical pathway.

Unapproved works or a council notice?

Tell us what's on the property and we'll come back with a clear view of the pathway and a fixed-fee quote.

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