NSW Building Information Certificate: What Happens After 7 Years?

When it comes to property ownership in New South Wales (NSW), ensuring that your building complies with local regulations is crucial. One of the key documents that property owners often rely on is the Building Information Certificate (BIC) for when there has been unapproved works at the property. But what exactly is a BIC, and what happens after its 7-year validity period? We will break down everything you need to know based on our years of experience in submitting BIC applications on behalf of our clients.

What is a Building Information Certificate (BIC)?

A Building Information Certificate is a legal document issued by your local council in NSW. It certifies that the council will not issue any orders or take any action (under the Environmental Planning and Assessment Act 1979) to have the building altered, repaired, demolished, or removed for a period of 7 years from the date of issue.

The BIC is often sought by property owners or buyers to confirm that a building or structure complies with relevant planning and building laws. It provides peace of mind, especially when purchasing or selling a property, as it ensures that the council has no outstanding issues with the building.

Why is the 7-Year Validity Important?

The 7-year validity period is significant because it offers a window of protection for property owners. During this time, the council cannot take enforcement action against the building or structure covered by the BIC, provided no changes are made that breach planning or building laws.

However, once the 7-year period expires, the protection offered by the BIC no longer applies. Technically this means that council can take action if they identify any breaches or issues with the building or structure however if you have had a BIC issued and no further unauthorised works have been done at the property it is unlikely that any action will be taken.

What Happens After 7 Years?

This is a very grey area and is the one that causes the most confusion. Generally, your Council will consider your property as ‘Occupied’ and no further action will be taken. This of course is on the proviso that there have been no further unauthorised works at the property and your property is still compliant.