Building Information Certificate

A Building Information Certificate does not prevent Council from issuing other types of notices and orders. For example, Council may still issue notices and orders in relation to fire safety, swimming pool safety and other public health and safety matters.

A Building Information Certificate does not certify that the barriers and fencing to swimming pools or spa pools comply with the Swimming Pools Act 1992. More information.

In order to determine an application for a Building Information Certificate, Council will inspect the building and review relevant Council records and documents forming part of the application.

As part of a Building Information Certificate request, Council may require additional details to make a full and proper evaluation of the application. These may include works-as-executed architectural plans, building specifications, a registered survey, fire safety details, structural engineer’s certification of the building, report or certification from an accredited building certifier, other details of compliance with the Building Code of Australia and any details relating to building works at the premises.

Council may require specified works to be undertaken before a Building Information Certificate is issued. For example:

• installation of smoke detector alarms
• repair or renewal of defective guttering and downpipes
• repair or renewal of other noticeable building defects
• other necessary building or fire safety works

If the applicants knows that building work may have been done without the required approvals, written details and certification (from a professional engineer and/or an accredited certifier - building surveyor) of any unauthorised or non-complying building work must be provided in order to determine the application.

Applying for a Building Information Certificate for unauthorised work does not guarantee approval and Council may issue a Notice/Order for the demolition of the unauthorised building or portion. Should a Notice/Order be served, or the Building Information Certificate refused, rights exist for the recipient/applicant to appeal the Order/decision to the Land and Environment Court.

The issue of a Building Information Certificate for any unauthorised works also does not affect Council’s ability to issue a penalty notice (fine) or commence legal proceedings for carrying out the work without obtaining the required development consent and/or construction certificate, which is a breach of the Environmental Planning and Assessment Act 1979.