Building information certificates

How building information certificates work in Randwick

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

Why people apply for building certificates

A Building Information Certificate is usually sought by buyers or sellers of a property to make sure that the particular building (or part of a building) is not going to be the subject of regulatory action by the Council. It is also commonly applied for when work is undertaken without the appropriate approvals being issued by the council or accredited certifier.

By issuing a Building Information Certificate, Council confirms that it does not propose to issue an order, or commence proceedings for an order or injunction for, the subject building to be demolished, altered, added to or rebuilt. It also confirms Council will not commence proceedings in relation to any encroachment by the subject building onto Council land.

A Building Information Certificate may apply to the whole or part of a building, and is valid for seven years.

Limits of a building information certificate

A building information certificate does not prevent Council from issuing other types of notices and orders. For example, Council may still issue notices and orders in relation to fire safety, swimming pool safety and other public health and safety matters.

A building building certificate does not certify that the barriers and fencing to swimming pools or spa pools complies with the Swimming Pools Act 1992. A separate application called a Request for Inspection and Certificate of Compliance for a Swimming Pool can be made with an Accredited Certifier  or Council to obtain a Certificate of Compliance for a Swimming Pool.Council

In order to determine an application for a building information certificate, Council will inspect the building and review relevant Council records and documents forming part of the application.

How to apply for a building information certificate

Applications for a building information certificate can be made on Council's Building Information Certificate Application Form or through Council's Online Services. An application must be accompanied by the relevant fees and supporting documents, including a certified copy of a survey certificate of the building.

Council may require additional details to make a full and proper evaluation of the application. These may include works-as-executed architectural plans, building specifications, a registered survey, fire safety details, structural engineers certification of the building, report or certification from an accredited building certifier, other details of compliance with the Building Code of Australia and any details relating to building works at the premises.

Works you may have to carry out

Council may also require specified works to be undertaken before a building information certificate is issued. For example:

  • installation of smoke detector alarms
  • repair or renewal of defective guttering and downpipes
  • repair or renewal of other noticeable building defects
  • other necessary building or fire safety works

Unauthorised building work

A building information certificate may relate to building work that has been done without obtaining the required development consent and/or construction certificate or other relevant approval. Written details and certification (from a professional engineer and/or an accredited certifier - building surveyor) of any unauthorised or non-complying building work must be provided in order to determine the application.

Applying for a building information certificate for unauthorised work does not guarantee approval and Council may issue a Notice/Order for the demolition of the unauthorised building or portion. Should a Notice/Order be served or the Building Information Certificate refused, rights exist for the recipient/applicant to appeal the Order/decision to the Land and Environment Court.

The issue of a building information certificate for any unauthorised works also does not affect Councils ability to issue a penalty notice (fine) or commence legal proceedings for carrying out the work without obtaining the required development consent and/or construction certificate, which is a breach of the Environmental Planning and Assessment Act 1979.

Submission requirements

Submission requirements for a Building Information Certificate (BIC) include the following documentation (as applicable to the building or part of the building encompassed in the application):

  • Completion of the relevant BIC application form (online or lodgement at Council)
  • Initial Lodgement fee $500 (Note:  A separate invoice will be issued for payment of the full BIC fee which is based on Council’s adopted Pricing Policy prior to detailed assessment of the application)
  • Survey details from a Registered Surveyor (including all building setbacks and RL’s)
  • Architectural Plans, depicting the building or part/s of the building to be covered in the BIC application (in colour or highlighting)
  • Structural details, depicting the building or part/s of the building to be covered in the BIC application (in colour or highlighting)
  • A Building Code of Australia report or details, which covers the relevant building or part/s of the building covered in the BIC application – which identifies compliance (or otherwise) with relevant BCA provisions and relevant Australian Standards
  • A performance-based solution report from a registered fire safety engineer – if the BIC encompasses any performance-based solutions or non-compliance with the ‘deemed to satisfy’ provisions of the BCA
  • Details or copies of relevant ‘mandatory inspections’ carried out by the appointed Principal Certifier
  • Certification of the works encompassed in the BIC from relevant professionals (e.g. Structural Engineer, Hydraulic Engineer, Building Certifier, Architect, Building or Fire Safety Consultant or other relevant Professional / Licensed Installer or Tradesperson and/or Manufacturer)
  • Other relevant site-specific information, reports or details (e.g.  Details of compliance with relevant plans and conditions in the development consent or 4.55 variation; A Fire Safety Certificate in respect of any fire safety measures; A Swimming Pool Certificate of Compliance in respect of any swimming or spa pools; Landscaping details; Receipts for payment of Developer Contributions and levies; and, Details from the Principal Certifier relating to the proposed actions to complete the development e.g. issue of a new or amended construction certificate and/or occupation certificate)
  • A report from a Planning Consultant, which addresses relevant provisions and criteria in Council’s LEP and DCP, if the application encompasses development carried out without or not in accordance with a development consent
  • Written details from the owner of the property advising of the reasons for carrying out any unauthorised or non-compliant building work or work carried out prior to obtaining the required consent and or construction certificate.

Fees

A building information certificate must be accompanied by the appropriate fee. This fee is listed in Councils fees and charges and contained on Councils Building Information Certificate Application form.

Last Updated: 24 November 2023
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