If building work has been carried out without council or private certifier approvals, a Building Information Certificate (BIC) application can be made to COUNCIL only. A BIC ensures the whole or part of a building covered by the certificate won’t be subject to any regulatory action by the local council for 7 years.

Where unauthorised building work has occurred that is not exempt development or that has not received prior approval, a Council will issue a Stop Work, Stop Use, Demolition or Restoration Order to the legally registered land owner.

An Order is a legal document that requires the property owner to undertake certain work that can include:

• A requirement to demolish, alter, add to, or rebuild a building or structure;
• Carrying out work to resolve any encroachment by the building onto land under council control; or
• Ceasing an unauthorised use of a property/land.

Yes, you must comply with an Order if it has been issued to you relating to your property.

Failure to comply with an Order is an offence under section 9.37 of the Environmental Planning and Assessment Act 1979. Council may commence prosecution proceedings in the Land and Environment Court or Local Court of NSW and if found guilty, you could face the following maximum penalties:

• $5 million for a corporation and a further $50,000 for each day the offence continues (Tier 1 offence); OR
• $1 million for an individual and a further $10,000 for each day the offence continues (Tier 1 offence); OR
• A Penalty Notice pursuant to section 9.58 of the Environmental Planning and Assessment Act 1979, which carries a penalty amount of:
  • $3,000 for an individual; OR
  • $6,000 for a corporation.

Each Order comes with specific terms that require you to comply within a certain timeframe, typically within twenty-eight (28) days from the date of the Order.

To avoid regulatory action or being required to demolish and restore the works, you can apply for a BIC to the Council only.

When applying for a BIC, the application will require the following (as a minimum):

• Owners Consent
• Title Search
• Survey Plan, identification Survey and Surveyor’s Report
• As built plans

Depending on the type of structure and the specific Council, you may also need to provide certification for the construction of the unauthorised building/structure to confirm that the structure complies with relevant Australian Standard/s and the National Construction Codes/Building Code of Australia:

• Structural Engineer,
• Stormwater Engineer,
• Carpenter,
• Electrician,
• Plumber,
• Glazier, and
• Pest Controller.

Our team has extensive experience dealing with all Council’s in NSW and obtaining BIC’s for our clients. Below is a typical step by step guide on how we manage the BIC process and can help you achieve an efficient and positive outcome:

• STEP 1: Our team will send a fee proposal for our services.
• STEP 2: Upon engagement, we will send Council a Representation Letter advising them that we have been engaged to assist you with the matter and will be lodging the necessary applications.
• STEP 3: We will engage with Surveyors who will need to prepare a Survey Plan and Report for your site and building/s that will be lodged with the application.
• STEP 4: Our team of Town Planners will prepare any required reports for the BIC application, the application forms and checklists and engage with other consultants who may be required to certify the building/s. If also required, our team of Building Designers will prepare as built drawings saving you time and money by providing a one-stop-shop for this service.
• STEP 5: We will lodge the BIC application to the Council.
• STEP 6: If required, rectification works may be required before Council can issue a BIC.
• STEP 7: In some cases, you may need to submit a Development Application (DA) for continued use of the building which our team can also assist with.

To find out more or get started, use the form on this page to get in touch with our team.

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