Building Information Certificate

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 1992 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).

Who may apply for a Building Information Certificate

Under section 6.22 of the Environmental Planning and Assessment Act 1979 No 203

The following persons may apply for a building information certificate in relation to a building:

(a)  the owner of the land on which the building is erected,

(b)  any other person with the consent of the owner of that land,

(c)  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,

(d)  a public authority that has notified the owner of that land of its intention to apply for the certificate.

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.

NOTE: New Application Form applies from 26 March 2018

To provide sufficient time for processing an application, applications lodged in person require to be lodged prior to 4pm.  Applications received after this time will be processed the following working day. Payments left with Council after 4pm must be by cheque only.

Apply for a building information certificate

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

Application requirements

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

Owner's consent/signature

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, we cannot accept it.

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.

Application for whole or part of a building

A building information certificate application may be for a part or whole of a building.

Information required at time of lodging application

As a minimum information/ documentation required, except for applications involving unauthorised works/ structures, to be provided with the building information certificate application form includes an original or certified copy of a survey report and plan.  The survey report and plan must represent the property and buildings as they exist at the time of lodging the application.  Additional information may need to be provided (including building plans, specifications and certificates) as may reasonably be necessary to enable the council to assess the application.

Applications involving unauthorised works/ structures are required to provide information as prescribed in the check list contained within the building information certificate application form.

Applications with deficient information are unable to be assessed and may result in the application being returned or refused.

Fees

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

Type Cost
Class 1 or 10 building   $250
Other structures less than 200 square metres $250
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
Additional inspection $90

Unauthorised work may incur additional application fees, Customer Service will calculate at submission stage. Alternatively, contact Customer Service on 9710 0333 for a quote prior to lodgement.

Any quotes are to accompany this application form.

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, subclause 3A & 3B.

Fee is equal to the fee then payable for a Development Application and/or Construction Certificate for the works.

Location

Address: ,

More information

Policies and documents

Access to Information Policy

Forms

Application for a Building Information Certificate (New Form 26 March 2018) Pool Certificate of Compliance Application

Enquiries

or

Building Certificate Pool Certificate of Compliance

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