Caught with Unauthorised Building Works? What a Building Information Certificate Is and How to Get One in NSW

It’s more common than people admit. There’s building work on a property that was never formally approved. A previous owner did it, or it predates the current rules, or someone assumed a permit wasn’t needed and it was.

Sometimes it surfaces during a sale. Sometimes a council letter arrives. Either way, the feeling is the same: you’ve got work that isn’t on the record and you don’t know where you stand.

There’s a clear path through this. In New South Wales it usually runs through a Building Information Certificate. It isn’t a scary letter and it isn’t the end of the road. It’s a process, and here’s how it works.

What is a Building Information Certificate?

A Building Information Certificate, or BIC, is a document issued by your local council about existing building work. People most often apply for one when work has been carried out without approval, or when the approval status simply isn’t clear.

In plain terms, the council looks at what’s already built and, if it’s satisfied, issues a certificate that limits what it can do about that work later. It’s the mechanism NSW uses to settle work that isn’t on the record.

What a BIC does, and what it doesn’t

This is the part worth understanding before you apply.

A BIC means the council will not order you to repair, demolish, alter or add to the work, and will not start proceedings to force that, for seven years from the date the certificate is issued. That’s the protection it gives you.

What it does not do is retrospectively grant development approval, the way a DA or a CDC would. It’s a certificate that limits council action, not an after-the-fact approval of the building itself. That distinction matters, and it’s exactly the kind of thing worth getting straight before you buy, sell, or lodge anything.

When do you need one?

A BIC is worth considering when you’re buying a property and some of the work has no clear approval, when you’re selling and unapproved work is holding up the sale, when you’ve discovered building work that was never approved, or when the council has notified you about work it intends to act on.

If any of those sound like your situation, a BIC is often the tool that resolves it.

How do you apply for a BIC in NSW?

Applications are lodged through the NSW Planning Portal, not over the counter at the council.

The broad shape of it is this. You create or log into a Planning Portal account, complete the online BIC application, and submit the required documentation. The council assesses it, may inspect the property, and may ask for certain work to be done before it will issue the certificate. Fees and exact requirements vary by council.

It’s a manageable process, but the documentation is where most applications live or die.

What about the drawings?

This is usually where an architect comes in. A BIC application generally needs accurate plans of the existing building, showing what’s actually there. If the original approved drawings don’t exist or don’t match reality, someone needs to measure the building and prepare current documentation.

Getting those drawings right, and presenting the work clearly to the council, is often the difference between a smooth application and a slow one. It’s Deliver-phase work, and it’s the kind of thing we handle regularly.

Who can apply for a BIC?

An application can be made by the owner of the property, by someone else with the owner’s consent, by the purchaser of a property under a contract of sale (including their solicitor or agent), or by a public authority that has notified the owner of its intention to apply.

So if you’re mid-purchase and the work’s already an issue, you may not have to wait until settlement to start.

Frequently asked questions

What is a Building Information Certificate in NSW?

It’s a certificate issued by your local council about existing building work. It’s commonly used when work was carried out without approval, or when the approval status is unclear.

What does a Building Information Certificate actually do?

It stops the council from ordering you to repair, demolish, alter or add to the work, and from starting proceedings to force that, for seven years from the date it’s issued. It does not retrospectively grant development approval like a DA or CDC.

How do I apply for a Building Information Certificate in NSW?

Applications are lodged through the NSW Planning Portal. You complete the online application and submit supporting documentation, including accurate plans of the existing building. The council assesses it, may inspect, and may require work before issuing.

Who can apply for a BIC?

The property owner, someone with the owner’s consent, the purchaser under a contract of sale (or their solicitor or agent), or a public authority that has notified the owner of its intent to apply.

Where to start if this is you

If you’re dealing with unauthorised work, whether you’re mid-sale, mid-purchase, or you’ve just had a letter, the first move is to understand exactly what you’re dealing with before you lodge anything.

A Clarity Call is a free, short call to check whether your situation’s a fit for how we work and point you to the right next step. If you need someone to assess the work on site and prepare the documentation a BIC application needs, that’s The Site Visit, and we can take it from there.

Book a Clarity Call and let’s get you back on solid ground.

This article is general information about the NSW process, not legal advice. Requirements, fees and timeframes vary by council and by situation. Confirm the current detail with your local council or a qualified professional before you act.