BUILDING INFORMATION CERTIFICATES

Applying to ‘Regularise’ Unapproved Works

Building Information Certificates - How We Can Help.

Do you need assistance with a Building Information Certificate application to Council?

Do you have unauthorised or unapproved works at your property?

Have you received a ‘Notice of Intention to give a Development Control Order’ or a ‘Development Control Order to Demolish and Remove’ from Council?

Perhaps you want to be on the front foot and sort out unauthorised works before you are served with Orders?

WHAT IS A BUILDING INFORMATION CERTIFICATE?

A Building Information Certificate (BIC) is an application made to Council when a building or structure has been constructed unlawfully and without approval. It is often referred to as an application for unapproved works.

Since it is not possible to obtain development consent or a construction certificate for building that has already begun or been erected, a BIC is the only option to ‘regularise’ the building work that has been undertaken unlawfully.

Reasons for Applying for a Building Information Certificate

There are various reasons why property owners undertake BIC applications. These include:

  1. Buyers or sellers of property often request a BIC before settlement to ensure that the property will not be subject to council actions or fines in the future.

  2. Property owners have bought a property knowing there are unapproved works and now are looking to sell the property but are finding it difficult to secure a buyer.

  3. Council has issued orders/fines to property owners as they have inspected the property after being informed by third parties that there are unapproved works.

  4. Onsite construction changes that differ from the approved plans.

  5. Misunderstandings between the builder and the homeowner about what is covered under an approval and what is not.

  6. Unreasonable failure to adhere to mandatory critical stage inspections during construction.

  7. A Written Directions Notice has been received by Council or a Private Certifier

How does a Building Information Certificate ‘regularise’ building works?

A BIC is a certificate that prevents Council from taking the following actions from the date of issue of the certificate:

  • make an order (or take proceedings for the making of an order or injunction) under the EP&A Act or Local Government Act 1993 (LG Act), requiring the building to be repaired, demolished, altered, added to or rebuilt; and

  • take civil proceedings in relation to any encroachment by the building onto land vested in or under the control of the council.

Council can inform an applicant of the works that need to be done to the building before the council will issue the Building Information Certificate. Council can also refuse an application for a Building Information Certificate, but it must give sufficiently detailed reasons to inform the applicant of the work needed before the certificate can be issued.

Once a BIC is issued, the council cannot take any action or legal proceedings regarding matters that existed before the certificate was issued. Additionally, the council cannot take action or legal proceedings related to the deterioration of the building for a period of seven years after the BIC is issued.

Often, a BIC application is made alongside a development application to authorise the continued use of the building for its intended purpose.

Why Would Council Issue Orders?

Under the Local Government Act, one of the regulatory functions of Council is to implement and enforce the building codes. Council may therefore issue orders to property owners, commanding them to start or stop specific actions if there’s any violation against Australian building codes or legislation.

For instance, the Council may issue orders to:

  • Start immediate repair work

  • Stop work that violates specific rules

  • Pause construction until a building inspection is performed

  • Repair work that intrudes on neighbouring properties.

  • Demolish unsafe non compliant structures.

Council must consider whether they want to take legal action to require repairs or alterations when deciding to issue a BIC. If a council refuses to issue a BIC, the applicant can appeal the decision in the Land & Environment Court of NSW, which has the power to direct the council to issue a BIC and make other appropriate orders.

If a BIC is obtained, it prevents the council from ordering repairs, demolition, alterations, or rebuilding of the building for a period of 7 years and after which Council in most cases considers the building to be ‘Occupied’.

What is the Building Information Certificate Application Process?

The process of applying for a Building Information Certificate requires the gathering of detailed documentation to support the BIC application in order for Council to assess the application. This includes the engagement of various consultants to inspect the property and issue reports that address compliance.

Unfortunately a BIC application can be a lengthy and costly process due to the number of reports and consultants required to support the application, and the outcome is never guaranteed.

We can assist in two ways:

  1. Review of Planning Pathway

    This is a low cost alternative where we do a detailed review of whether a planning pathway is possible based on the level and complexity of the unauthorised works. We will review any communication received by Council or any details of the works, and prepare a report on what options are available to you.

  2. Prepare and submit a BIC / Planning Application to gain compliance

    This is an in-depth review of all of the unauthorised works and Council documents to prepare an application for a Building Information Certificate. We will liaise with Council on your behalf, engage and liaise with consultants required for supporting documentation and arrange site inspections. We will undertake all measures required in an attempt to meet compliance and submit a Building Information Certificate Application and any related applications to Council on your behalf.

We understand the very complex nature of the system and are available to project manage the process for you. Therefore if you require assistance with dealing with Council due to unauthorised works, a written direction notice or orders, please click the ‘Building Information Certificate Enquiry’ Button below, fill in your details on our simple form and we will be in touch to discuss a way forward.