What is a Building Information Certificate?
A Building Information Certificate (BIC) is a formal certificate issued under Division 6.7 of the Environmental Planning and Assessment Act 1979 that ensures the building (or part of the building) covered by the certificate won’t be subject to any regulatory action by Council for 7 years.
Regulatory action could include:
- making an order requiring the building to be repaired, demolished, altered, added to or rebuilt
- taking civil proceedings in relation to any encroachment by the building onto land vested in or under the control of the council.
As It is not possible obtain retrospective development consent (or a retrospective construction certificate) for the erection of a building after it has already been built, Councils often require a Building Information Certificate to be obtained to confirm that the building is structurally sound.
Why or when would I need a Building Information Certificate?
Building Information Certificates are commonly requested when property is being purchased or sold and there is a need to ensure that the property is not going to be the subject of action by the Council. It is also commonly applied for when work is undertaken without appropriate approvals being issued by Council (or a private certifier).
You may need a Building Information Certificate if you:
- are buying or selling a property (with unapproved works)
- have completed building works without prior approval.
- want assurance that existing structures are not subject to compliance action.
A Building Information Certificate does NOT:
- Approve the building retrospectively
- Confirm compliance with the Building Code or planning laws
- Prevent action in serious cases (e.g. fire safety risks)
- Last forever (it expires after the protection period)
- Prevent action from other authorities
- Override private rights
Submit a Building Information Certificate application
A BIC is lodged directly to Council through one of the following options:
- Complete the Online Building Information Certificate Application and submit all required supporting documentation through our online services website.
- Download and complete the Building Information Certificate Application (PDF, 196.5 KB) and submit the PDF form and all required supporting documentation to council@wagga.nsw.gov.au or to customer service.
More Information
Further information on Building Information Certificates can be found by exploring the FAQ’s below.
A Building Information Certificate (BIC) is a formal certificate issued under Division 6.7 of the Environmental Planning and Assessment Act 1979 that applies to the building (or part of a building) and that provides legal protection for existing building works or uses as follows:
- In relation to matters existing or occurring before the date of issue of the certificate, a Building Information Certificate operates to prevent the council:
- (a) from making an order (or taking proceedings for the making of an order or injunction) under this Act or the Local Government Act 1993 requiring the building to be repaired, demolished, altered, added to or rebuilt, and
- (b) from taking civil proceedings in relation to any encroachment by the building onto land vested in or under the control of the council,
- In relation to matters arising only from the deterioration of the building as a result solely of fair wear and tear, a Building Information Certificate operates to prevent the council, for a period of 7 years from the date of issue of the certificate:
- (a) from making an order (or taking proceedings for the making of an order or injunction) under this Act or the Local Government Act 1993 requiring the building to be repaired, demolished, altered, added to or rebuilt, and
- (b) from taking civil proceedings in relation to any encroachment by the building onto land vested in or under the control of the council,
A Building Information Certificate does not operate to prevent a Council:
- From making a development control order that is a fire safety order or a building product rectification order (within the meaning of the Building Products (Safety) Act 2017), or
- From taking proceedings against any person with respect to that person’s failure:
- To obtain a development consent with respect to the erection or use of the building, or
- To comply with the conditions of a development consent.
Council is the only authority that may issue a Building Information Certificate.
A Building Information Certificate application may be made by:
- the owner of the land on which the building is erected,
- any other person with the consent of the owner of that land,
- the purchaser under a contract for the sale of property that comprises or includes the building, or the purchaser’s Australian legal practitioner or agent,
- a public authority that has notified the owner of that land of its intention to apply for the certificate.
Landowners consent
If the property is privately owned and the application is submitted by the owners, it must be signed by ALL owners of the property.
If the owner of the property is a company the application can be signed by;
- a) two (2) directors of the company; or
- b) a director and a company secretary of the company; or
- c) for a proprietary company that has a sole director who is also the sole company secretary - that director. NOTE: The application must be accompanied by an Australian Securities and Investment Commission (ASIC) register search that provides proof of the company officers. Visit https://www.asic.gov.au/
If the application is lodged by the purchaser under a contract for the sale of property that comprises or includes the building, or the purchaser’s Australian legal practitioner or agent the application must be accompanied by a signed contract of sale.
For further details on landowners consent requirements see section 4 of the Development Application and Lodgement Guide.
Wagga Wagga City Council generally requires the following information to be provided with any application for a Building Information Certificate:
- A completed Building Information Certificate application form, detailing exactly which structures the application relates to and whether it relates to the whole or part of those structures/property.
- A survey report identifying all relevant structures on the subject property is generally required. However, where the applicant provides a Survey Certificate (or a copy) together with evidence that no material changes have occurred to the building since the date of that certificate, Council may accept this in lieu of a more recent survey.
- Access arrangements – It is the applicant’s responsibility to ensure that access for Council to inspect the subject structures has been arranged
Fees for Building Information Certificates can be found in Council's fees and charges.
Submit an appeal
An applicant who is aggrieved by a Council’s refusal to issue a Building Information Certificate, or who is aggrieved by a Council’s refusal to issue a BIC within 40 days after the date of application for the certificate may appeal to the Court.
The appeal must be made within 12 months after the date on which the refusal is communicated to the person, the date on which the 40-day period expires or the date of the notice under Division 6.7, as the case requires.
What are some of the re-occurring matters that restrict the issuing of Building Information Certificates within the Wagga Wagga Local Government Area until those matters have been resolved?
- Unapproved structures being identified on the subject property (Sheds and alterations and additions that have not obtained required approvals)
- Structures being located over Council easements (Sewer and Stormwater Easements Encroachments without prior approval of Council)
- Encroachment of structures / buildings onto land vested in or under the control of Council
- Fire Safety Issues (No smoke alarms in dwellings).
Council will advise applicants in writing of any issues that restrict the issuing of a Building Information Certificate and will advise of those actions that are required to be undertaken to resolve the matter.