Under recent changes to legislation a Building Certificate is now known as a Building Information Certificate
A Building Information Certificate operates to prevent the Council, for a period of 7 years from the date of issue of the certificate, from making an order (or taking proceedings for the making of an order or injunction) under the Environmental Planning and Assessment Act 1979 or the Local Government Act 1993 requiring the building to be repaired, demolished, altered, added to or rebuilt.
However, 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).
When to apply for a Building Information Certificate?
A building information certificate is usually needed by buyers or sellers of property before settlement to make sure that what is being bought or sold is not going to be the subject of action by the Council. It is also commonly applied for when work is undertaken without the appropriate approvals issued or were required inspections by the building's Certifier have been missed.
Apply for a Building Information Certificate
The following information/attachments are required to be uploaded to the Planning Portal when lodging your application.
- Owner/s consent,
- Identification Survey plan,
- Completed CHECKLIST,
- All relevant information as required under the CHECKLIST.
(Note: Additional information may be required for unauthorised works - e.g. Reports and or Certification such as but not limited to: Structural Engineering, Building Code of Australia (BCA), Fire Safety and Bushfire, Waterproofing membranes, Electrical, Stormwater and Drainage, Smoke Alarms, Termite Management, Statement of Environmental Effects, Basix and the like.)
The following persons may apply for a Building Information Certificate in relation to a building:
- 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
You must obtain the consent of all landowners. If there is more than one owner, every owner must sign. If the owner is a company or owners’ corporation, the application must be signed by an authorised person under common seal. If the application form is not signed by the landowner/s and by you as the applicant, the application may not be accepted.
If your property is a strata unit, and you are proposing any development beyond your unit entitlement, you will need to get the approval of the owners’ corporation.
Building Information Certificate Owners Consent form
Identification Survey plan
An Identification (ID) survey plan of the site prepared by a registered surveyor after the subject works have been undertaken. An ID Survey identifies and locates structures and improvements on a parcel of land. This shows the distances from relevant structures to the boundaries of that land.
The Checklist can be downloaded from the forms at the bottom of this page.
If the application involves unauthorised works subject to Council enforcement action, please contact the relevant Compliance Officers for assistance regarding relevant checklist requirements.
Please upload the checklist to the Portal if one has been provided from Council's compliance officers. If one hasn't been provided - please download and complete.
Building Information Checklist form
Application for whole or part of a building
A building information certificate application may be for a part or whole of a building.
Fees are set under the Environmental Planning & Assessment Regulation 2000 section 260.
Fee for Class 2-9 Buildings is based on the total floor area, floor area details are required to be provided in the application form
|Class 1 or 10 building
|Other structures less than 200 square metres
|Other structures floor area between 200 – 2,000 square metres
||$250 + 50 cents per square metre over 200 square metres
|Other structures floor area greater than 2,000 square metres
||$1,165 + 7.5 cents per square metre over 2,000 square metres
Unauthorised work may incur additional application fees, Customer Service is available to calculate this fee, as required.
Any quotes are to accompany this application submission.
The additional fee applicable as a result of unauthorised work within the scope of this application, is payable under the provisions of the Environmental Planning & Assessment Regulation 2000, Clause 260, sub clause 3A & 3B.
The additional fee is equal to the fee normally payable for a Development Application and/or Construction Certificate for the works.
Pool Safety Barriers
A Building Information Certificate does not include pool safety fencing due to this being under the Swimming Pools Act. For certification of pool safety barriers a separate application is required for a Certificate of Compliance under the Swimming Pools Act.
Apply for a pool Certificate of Compliance.
Policies and documents
Access to Information Policy
Building Information Certificate Owner's Consent
Building Information Certificate Checklist