Building Information Certificate NSW 2026: When Unauthorised Works Need a BIC, Documents Councils Ask For & How Designers Help

Answer first: A Building Information Certificate (BIC) is a council certificate under Division 6.7 of the Environmental Planning and Assessment Act 1979 that, once issued, stops the council taking certain compliance actions against the building (or part) covered by the certificate — including orders to demolish, alter, add to or rebuild, and civil proceedings about encroachments onto council land. It is commonly used when work was built without the right approvals, or when a buyer/seller needs assurance before settlement. It does not retrospectively approve unlawful construction.

Author: Franz Phan, Senior Planning Consultant, giantA Pty Ltd · Updated September 2026

What is a Building Information Certificate in NSW?

According to the NSW Department of Planning and Environment’s Building Information Certificates Practice Note (October 2022), a BIC is typically sought when unauthorised building works have already been carried out. Because development consent and a construction certificate cannot retrospectively authorise a building that is already erected, a BIC is generally the practical pathway to “regularise” that work in the limited sense of limiting certain council enforcement actions — not to erase the original breach.

Service NSW summarises the buyer/seller use case clearly: if you suspect work may have been done without appropriate council or private certifier approvals, you can apply for a BIC so the whole or part of the building covered by the certificate will not be subject to those regulatory actions for the period and scope set out in the Act (commonly explained as a 7-year assurance for the actions Service NSW lists). Always read the certificate itself and take advice on your facts.

Sources:

• Service NSW — Apply online for a building information certificate (last published 13 May 2025)
• NSW Planning Portal — Building Information Certificates Practice Note (PDF)
• NSW legislation — Environmental Planning and Assessment Act 1979

What protection does a BIC actually give you?

The Practice Note explains that a BIC prevents the council, from the date of issue, from:

• making an order (or taking proceedings for an order or injunction) under the EP&A Act or Local Government Act 1993 requiring the building to be repaired, demolished, altered, added to or rebuilt; and
• taking civil proceedings in relation to any encroachment by the building onto land vested in or under the control of the council.

Importantly, the Practice Note also states that a BIC does not approve or legitimise unauthorised building works. It provides assurance that council will not take certain compliance actions relating to those works. The note further records that the BIC applies indefinitely to unauthorised building works carried out before the issue of the certificate (s 6.25(3)), though only for 7 years in relation to matters arising only from deterioration as a result of fair wear and tear (s 6.25(4)). A BIC can cover the whole building or only part of it.

BIC vs DA vs CDC vs Construction Certificate — which pathway fits?

If you are still designing a granny flat, duplex, renovation or knockdown-rebuild, get the right pathway before you build. giantA’s plain-English overview lives on DA vs CDC and the DA/CDC checklist. For service packages see development application documentation.

Who can apply for a BIC in NSW?

Both Service NSW and the Practice Note align on who may apply:

• the owner of the land (Practice Note: the land on which the unauthorised building works have been carried out);
• another person with the consent of that landowner;
• a purchaser under a contract for sale (including the purchaser’s solicitor or agent);
• a public authority that has notified the owner of its intention to apply.

Applications must be lodged through the NSW Planning Portal. Service NSW advises checking that your local council is accepting online BIC applications via the Portal before you start.

What documents do councils usually ask for?

Service NSW lists typical uploads:

• an original or certified copy of a survey report and plan if the land is zoned residential; or
• a survey report for land in other zones;
• specific documents the council requests — building plans, specifications, certificates.

The survey must represent the property and buildings as existing at the time of lodging. The Practice Note confirms councils may require building plans, specifications, survey reports and certificates to determine the application.

This is where many Sydney homeowners stall: the “as-built” reality on site does not match old DA drawings, or there are no drawings at all. A current measured survey and existing-conditions documentation package is often the difference between a clean lodgement and repeated information requests. See giantA’s measured survey / existing conditions service and pre-purchase / feasibility due diligence if you are buying with suspected unauthorised works.

How does council decide whether to issue a BIC?

Under the Practice Note, a council can issue a BIC if there is no matter discernible by the exercise of reasonable care and skill that would entitle the council to order demolition/alteration (etc.), take related proceedings, or take encroachment proceedings — or there is such a matter but, in the circumstances, the council does not propose to make that order or take those proceedings.

Best-practice considerations listed in the note include whether the building meets relevant building standards and structural adequacy, and — where no prior consent exists — whether development consent would have been granted had consent been sought (the “notional DA”), having regard to relevant s 4.15 EP&A Act considerations. If a reasonable consent authority would never have granted that notional DA, a BIC is unlikely. Past unlawful use is not treated as a relevant factor in that merit assessment; criminal enforcement of the breach is a separate matter.

This is why “just lodge a BIC and hope” fails on many Sydney sites: flood, bushfire, heritage, FSR/height breaches, prohibited uses, or unsafe structures can make a notional DA untenable. Early design/planning triage — before you pay Portal and council assessment fees — is cheaper than a refused BIC.

What a BIC does not fix

Read the Practice Note carefully on residual powers. A BIC does not prevent council from:

• making development control orders relating to a fire safety order, or a building product rectification order under the Building Products (Safety) Act 2017;
• taking proceedings under s 9.50 of the EP&A Act for failure to obtain development consent or to comply with consent conditions.

Council practice pages also warn that a BIC does not certify compliance with every public health and safety regime — swimming pool barriers are a common separate issue. Treat pool, fire and product-safety obligations as their own compliance streams.

An Occupation Certificate (OC) is different: an OC authorises occupation/use of a new building (or part) when the principal certifier is satisfied the regulatory standards are met. The Practice Note states a BIC can be issued for buildings that do not have an OC. If unauthorised works are blocking an OC, the BIC process is how council decides whether to take action in relation to those works.

Fees, amendments, refusals and appeals (without invented numbers)

Fees: Councils set fees under the Local Government Act framework and publish them in their fee schedules. The Practice Note notes a BIC fee was previously in the EP&A Regulation 2000 and that the Department intended to re-insert a fee in the 2021 Regulation in future amendments. Service NSW points applicants to the NSW Planning Portal service fee schedule for Portal charges. Do not rely on a blog for a quote — check your council’s current fees and the Portal schedule for your lodgement.

Amendments: A BIC application cannot be amended. Any change requires a new application (Practice Note).

Refusal / delay: If council refuses, it must give reasons detailed enough to explain what work is needed to enable a BIC. Section 8.25 EP&A Act appeal rights apply where council refuses, fails to determine within the prescribed period, or the applicant is dissatisfied with a notice to supply information. Appeals generally sit within 6 months of notice, or after the deemed refusal timing described in the Regulation (the Practice Note references a 40-day deemed refusal framework tied to lodgement or supply of requested information under s 6.26(2)). Get legal advice before appealing.

Can council force you to apply? The Practice Note says council cannot insist on a BIC as part of dealing with unauthorised works, nor enforce a consent condition requiring a BIC application. Choosing to obtain one is discretionary for the landowner — but council may still take other enforcement action if no BIC is obtained.

A practical process for homeowners and purchasers

1. Establish the problem — section 10.7 certificate review, council records, survey anomalies, missing OC/CC, or conveyancer red flags.
2. Triage planning risk — would a notional DA ever have been approvable? Check zoning, overlays, Housing SEPP / Codes SEPP pathways for future work only.
3. Commission as-built evidence — identification survey + existing conditions drawings matching today’s site.
4. Package supporting certificates — structure, waterproofing, fire where relevant; do not fabricate paperwork.
5. Lodge on the NSW Planning Portal — correct applicant category, owner consent, declarations.
6. Respond to RFIs — incomplete packs burn the 40-day clock and often force a fresh application if you “amend”.
7. Decide next steps if refused — rectify works, pursue orders strategy with lawyers, or appeal under s 8.25.

If the works are not yet built, stop and use a lawful pathway instead. giantA documents residential DA/CDC packages across Sydney and NSW — start with the DA/CDC guide rather than building first and applying for a BIC later.

How giantA helps on BIC documentation (and when we push you to DA/CDC instead)

giantA Pty Ltd is a NSW building design practice. On BIC matters we typically help with:

• measured surveys and existing-conditions documentation that match the as-built site;
• drawing sets and schedules councils commonly request alongside a survey;
• coordination notes for engineers/certifiers you engage for structural or specialist certificates;
• honest triage: if the notional DA would never fly, we say so early.

We do not issue BICs (councils do), we do not provide legal advice, and we will not invent compliance certificates. If you are early in a dual occupancy, granny flat or renovation, spend the documentation budget on a proper approval pathway — browse more practitioner guides on the giantA blog.

Frequently asked questions

Does a BIC make unauthorised works “approved”?

No. The NSW Practice Note is explicit: a BIC does not approve or legitimise unauthorised building works. It limits certain council compliance actions if issued. The original breach of the EP&A Act can still sit in the criminal/enforcement landscape separately from the certificate’s civil restraint on specific orders.

How long does BIC protection last?

Service NSW describes a 7-year assurance for the regulatory actions it lists. The Practice Note adds that the certificate applies indefinitely to unauthorised works carried out before issue, but only for 7 years for matters arising solely from fair wear and tear deterioration (ss 6.25(3)–(4)). Read your certificate and get advice on your facts.

Can I lodge a DA instead of a BIC for work already built?

You cannot retrospectively approve the erection of an already erected building by DA or by modifying an existing consent. A fresh consent or modification may authorise future use of an already erected building, but that does not cure the past unlawful erection. BIC is the usual certificate tool for the unauthorised works themselves.

What survey do I need for a residential BIC?

Service NSW expects an original or certified copy of a survey report and plan for residential-zoned land, representing the property and buildings as existing at lodgement. Other zones typically need a survey report. Old sale surveys that miss later decks, studios or garages are a common rejection trigger.

Will a BIC stop every council order?

No. Fire safety orders, building product rectification orders, and s 9.50 proceedings for consent breaches remain available according to the Practice Note. Other safety regimes (including pool barriers) may still apply. Treat BIC as a defined shield, not a blanket indemnity.

How much does a BIC cost in NSW?

Fees vary by council under their published fee schedules, plus NSW Planning Portal lodgement charges. The Practice Note discusses the Local Government Act fee power and historic Regulation fees, but does not set a single statewide dollar figure for every LGA. Check your council and the Portal schedule before budgeting.

What if council refuses my BIC?

Council must give detailed reasons. You may need to rectify works, supply further information via a new application (applications cannot be amended), or appeal under s 8.25 EP&A Act within the timeframes summarised in the Practice Note. Engage a planning lawyer early if refusal or deemed refusal is likely.

Should purchasers always get a BIC before settlement?

Not always — but it is a common conveyancing tool when unauthorised works are suspected. Purchasers (and their solicitors/agents) are eligible applicants. Pair the BIC strategy with due diligence on flood, bushfire, heritage and building quality; a certificate will not rewrite a bad purchase.

This article is general information for NSW homeowners, purchasers and designers. It is not legal advice. Confirm current fees, forms and council practice on the NSW Planning Portal, Service NSW and your local council before acting. Contact giantA Pty Ltd for measured survey and documentation support on residential projects.