Building Information Certificate

A Building Information Certificate tells you if a building and its land has all the necessary approvals.

This means it can stay as it is without any regulatory action by Council.

Use the information on this page to:

  • Apply for a Building Information Certificate using the NSW Planning Portal.
  • Understand what supporting information you need to upload with your application.  

When may a Building Information Certificate be needed?

  • When buying or selling a property.
  • As part of development consent of unauthorised building works.

The development must be approved before you apply for a Building Information Certificate. This allows for the issue of a deferred commencement consent, which is an inactive approval for the use of the building.

We can still issue notices or orders if there are:

  • Certain unauthorised works 
  • Fire safety compliance issues.

The Certificate does not certify that the building complies with legal and safety requirements relating to:

  • Swimming pool barriers and fencing.
  • Fire safety.
  • Other public health and safety matters.

Who can apply for a Building Information Certificate?

  • Property owner 
  • Anyone with the property owner's consent
  • 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.

How to apply

Step 1.Prepare the required documents

You will need to upload the following documents with your application.

  • A survey report and plan from a Registered Surveyor
  • For unauthorised building works refer to the 'Additional requirements' information below.

Step 2.Apply using the NSW Planning Portal

Step 3.Application reviewed

Your application will be reviewed.

We may contact you if further information is needed.

Step 4.Pay fees

When the application is ready, you will be invoiced for payment.

Once payment is made, the application will then be formally submitted.

Building Information Certificate fees

Step 5.Site inspection and assessment

Once we've received your application we will:

  • Inspect the building.
  • Review any relevant Council records and documents.

We may request further information or require works before we can issue your certificate.

We will usually inspect the property within 10 working days. This time frame may be longer if illegal or unauthorised works are involved.

Additional inspection fees will be invoiced if:

  • We need to carry out more than one inspection.
  • The floor area of the building is greater than your application states.

Additional requirements - unauthorised residential building work

Generally the following information will be required where unlawful building works are identified.

  1. 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.
  2. 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.
  3. 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.
  4. A certificate from licensed pest controller indicating that the works have been treated against termites as per AS3660.1
  5. A certificate from a licensed glazier indicating that all glass in the building is in accordance with AS1288 and the Building Code of Australia.
  6. 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.”
  7. A certificate from a licensed installer certifying that wet area waterproofing is in accordance with AS3740.
  8. A building workmanship report from the license holder of a Qualified Supervisor Certificate under Fair Trading NSW.
  9. A land survey from a registered surveyor is required with the Building Information Certificate application identifying all structures located upon the subject property.
  10. Where there is no development consent for the use of the structure/s subject to the Building Information Certificate, a notional assessment of all planning controls in force at time of lodgment of the Building Information Certificate is required to be supplied. See s4.15 of the EP&A Act for heads of consideration.
  11. Where required, a Section 307 Certificate under the Water Management Act.
  12. Where required, demonstration of compliance with Council Policy: Building in the Vicinity of Underground Infrastructure (PDF, 408KB).
  13. Any other certification or documentation Council deems necessary for its consideration.
  14. 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.
  15. 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.

  1. 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.
  2. 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.
  3. 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.
  4. A certificate from licensed pest controller indicating that the works have been treated against termites as per AS3660.1
  5.  A certificate from a licensed glazier indicating that all glass in the building is in accordance with AS1288 and the Building Code of Australia.
  6. 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”
  7. A certificate from a licensed installer certifying that wet area waterproofing is in accordance with AS3740.
  8. A building workmanship report from the licence holder of a Qualified Supervisor Certificate under Fair Trading NSW.
  9. A land survey from a registered surveyor is required with the Building Information Certificate application identifying all structures located upon the subject property.
  10. Where there is no development consent for the use of the structure/s subject to the Building Information Certificate, a notional assessment of all planning controls in force at time of lodgment of the Building Information Certificate is required to be supplied. See s4.15 of the EP&A Act for heads of consideration.
  11. Where required, a Section 307 Certificate under the Water Management Act.
  12. Where required, demonstration of compliance with Council Policy Building in the Vicinity of Underground Infrastructure.
  13. 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.
  14. Where required, a trade waste agreement has been issued by Byron Shire Council.
  15. Where required, approval from Councils Environmental Health team for the fit-out of any food preparation area.
  16. Any other certification or documentation Council deems necessary for its consideration.
  17. 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.
  18. An Environmental Consultant's certification of the installed wastewater system stating that the existing approved wastewater 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.