Building Information Certificates (BIC) are usually sought by buyers or sellers of a property to make sure that a building (or part of a building) and its land can remain as is without regulatory action being taken by Council.
A Building Information Certificate may also be a requirement of a development consent where unauthorised building works have been carried out. The development application must be approved before a BIC application can be made as there may be specific conditions that need to be met.
A Building Information Certificate does not prevent Council from issuing notices or orders in relation to unauthorised works or fire safety matters. It does not certify that the building complies with legal and safety requirements relating to swimming pool barriers and fencing, fire safety and other public health and safety matters.
Who can apply?
An application for a Building Information Certificate can be lodged by:
- the property owner
- anyone with the property owner's consent
- the owner's solicitor or agent
- a purchaser who has entered into a contract to purchase the property
- a purchaser's solicitor or agent
- any public authority that has notified the owner of its intention to apply for the certificate.
Additional requirements - unauthorised residential building work
Generally the following information will be required where unlawful building works are identified.
- A report by an appropriately qualified person for example, building surveyor or architect, demonstrating how the building or structure complies with the Performance Requirements of the Building Code of Australia.
- Works-as-executed building plans and specifications. Plans are to be professionally drawn at a scale of 1:100 and must clearly show both approved and unlawful building works.
- A certificate from a qualified practising structural engineer indicating that the works are structurally sound. The structural engineer is to be a corporate member of the Institution of Engineers Australia or is to be eligible to become a corporate member and have appropriate experience and competence in the related field.
- A certificate from licensed pest controller indicating that the works have been treated against termites as per AS3660.1
- A certificate from a licensed glazier indicating that all glass in the building is in accordance with AS1288 and the Building Code of Australia.
- A licensed electrician's certificate certifying that the smoke alarm/s installed in the building is in accordance with AS3786 and that the electrical works comply with AS 3000 - 2018 “Wiring Rules”
- A certificate from a licensed installer certifying that wet area waterproofing is in accordance with AS3740.
- A building workmanship report from the licence holder of a Qualified Supervisor Certificate under Fair Trading NSW.
- A land survey from a registered surveyor is required with the Building Information Certificate application identifying all structures located upon the subject property.
- Where required a Section 307 Certificate under the Water Management Act.
- Where required Demonstration of compliance with Council Policy: Building in the Vicinity of Underground Infrastructure(PDF, 408KB).
- Any other certification Council deems necessary for its consideration.
- A certificate from a licensed plumber indicating that sanitary plumbing and drainage works has been carried out in accordance with Plumbing and Drainage Act and Section 68 of the Local Government Act and Council requirements
(Note 1). Where new sanitary plumbing and drainage works have been installed without the prior approval of Council, Council may require this system obtain acknowledgement approval under the Local Government Act.
- An Environmental Consultant's certification of the installed waste water system stating that the existing approved waste water system is suitably size for any additional load and is working in accordance with its original approval
(Note 1). Where a new system has been installed without the prior approval of Council, Council may require this system obtain acknowledgement approval under the Local Government Act.
Note 1: Where the certification requires non-minor upgrading a separate approval under Section 68 of the Local Government Act shall be obtained before the issue of any Building Information Certificate.
Additional requirements - unauthorised commercial building work
Generally the following information will be required where unlawful building works are identified.
- A report by an appropriately qualified person for example, building surveyor or architect, demonstrating how the building/ structure complies with the Performance Requirement of the Building Code of Australia.
- Works-as-executed building plans and specifications. Plans are to be professionally drawn at a scale of 1:100 and must clearly show both approved and unlawful building works.
- A certificate from a qualified practising structural engineer indicating that the works are structurally sound. The structural engineer is to be a corporate member of the Institution of Engineers Australia or is to be eligible to become a corporate member and have appropriate experience and competence in the related field.
- A certificate from licensed pest controller indicating that the works have been treated against termites as per AS3660.1
- A certificate from a licensed glazier indicating that all glass in the building is in accordance with AS1288 and the Building Code of Australia.
- A licensed electrician's certificate certifying that the smoke alarm/s installed in the building is in accordance with AS3786 and that the electrical works comply with AS 3000 - 2018 “Wiring Rules”
- A certificate from a licensed installer certifying that wet area waterproofing is in accordance with AS3740.
- A building workmanship report from the licence holder of a Qualified Supervisor Certificate under Fair Trading NSW.
- A land survey from a registered surveyor is required with the Building Information Certificate application identifying all structures located upon the subject property.
- Where required, a Section 307 Certificate under the Water Management Act.
- Where required, demonstration of compliance with Council Policy: Building in the Vicinity of Underground Infrastructure(PDF, 408KB).
- Where required, certification from a competent fire safety practitioner that all installed fire safety measures have been installed to their standard of performance and the Building Code of Australia.
- Where required, a trade waste agreement has been issued by Byron Shire Council.
- Where required, approval from Councils Environmental Health team for the fit-out of any food preparation area.
- Any other certification Council deems necessary for its consideration.
- A certificate from a licensed plumber indicating that sanitary plumbing and drainage works has been carried out in accordance with Plumbing and Drainage Act and Section 68 of the Local Government Act and Council requirements
(Note 1). Where new sanitary plumbing and drainage works have been installed without the prior approval of Council, Council may require this system obtain acknowledgement approval under the Local Government Act.
- An Environmental Consultant's certification of the installed waste water system stating that the existing approved waste water system is suitably size for any additional load and is working in accordance with its original approval
(Note 1). Where a new system has been installed without the prior approval of Council, Council may require this system obtain acknowledgement approval under the Local Government Act.
Note 1: Where the certification requires non-minor upgrading a separate approval under Section 68 of the Local Government Act shall be obtained before the issue of any Building Information Certificate.