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Building Information Certificate

 
Division 6.7 of the Environmental Planning and Assessment Act 1979 (NSW) ('EP&A Act') sets out the statutory authority that the Council has to review and determine Building Information Certificates in relation to the whole or part of a building. 

In accordance with current regulations, all Building Information Certificate applications must be made through the NSW Planning Portal. 

The NSW Planning Portal is an online platform that provides a range of services related to the planning and building processes in New South Wales, including the ability to apply for and obtain a Building Information Certificate. The portal streamlines the application process, making it easier and faster for you to obtain the required certificate. 

To apply for a Building Information Certificate through the NSW Planning Portal, please register for an account and complete the online application form. The application will need to include details about the property, the building work details (if applicable), and any other relevant information. Once the application is submitted, it will be reviewed by Council and accepted for submission (if possible). 

An application for a Building Information Certificate can be made when a building or structure has been erected unlawfully as it is not possible to obtain development consent or a construction certificate for a building that has already been constructed. In some case, property owners, purchasers or their representatives often apply for Building Information Certificates when selling houses or property.  

A Building Information Certificate is generally the only option available to "regularise" building work that has been carried out unlawfully and is often made in conjunction with a development application to authorise the continued use of the building for the purpose for which it was constructed. 

While not the same as obtaining development consent, if obtained, a Building Information Certificate operates to prevent a Council, for a period of 7 years, from issuing an order (or taking civil court proceedings for the making of an order) requiring the building or structure to be repaired, demolished, altered or rebuilt. 

If the Council decides that it cannot support the issuance of a Building Information Certificate, we will then need to decide whether to issue an order or take proceedings requiring the building or structure to be repaired, demolished, altered or rebuilt. 

The Council has a wide discretion when assessing whether to issue an order, or commence proceedings, in relation to an unlawfully erected building or structure. 

In accordance with the NSW Environmental Planning and Assessment Regulation 2021, applicants are required to pay a digital application processing fee for certain planning applications and certificates.

A full list of fees can be found on the NSW Planning Portal Service Fees page. 

The Council will also charge a fee under the Local Government Act 1993 for their service in assessing and reviewing the application for a Building Information Certificate. 

If you have a concern that a building may not have been granted development consent or approval, or that building may be structurally unsound, or an Occupation Certificate could not be issued, it is recommended that you contact Council before making application for a Building Information Certificate on the NSW Planning Portal. 

For any general enquiries related to Building Information Certificates, you can contact Council by calling 02 9911 3555 or at service@lanecove.nsw.gov.au.