Building Information Certificates (BIC) - What to Do If You Have Unauthorised Building Works

Have you been made aware that your building has unauthorised work completed? Have you received a NOI (‘Notice of Intention’ to serve an Order) or an Order? If so, you will likely have to submit a BIC (Building Information Certificate) to the local council for assessment, and the situation can feel uncertain and urgent. There is a formal pathway available under NSW legislation. Understanding it, and moving through it correctly, matters.

A Building Information Certificate (BIC) is that pathway. Buildingwise Developments handles BIC documentation directly and works with property owners across Newcastle and the Hunter region.

If you have received a council notice, the right step is to understand your options clearly and act without delay.

A Building Information Certificate (BIC) is a statutory certification issued by a local council under section 6.25 of the Environmental Planning and Assessment Act 1979 that operates to restrict the council's enforcement powers rather than approve or legitimise development. Once issued, it prevents the council from making certain orders or taking proceedings, such as requiring a building to be repaired, demolished, altered, added to, or rebuilt, in relation to building matters that existed before the certificate was issued, with that protection being indefinite for those existing matters and limited to seven years only where issues arise solely from fair wear and tear. A BIC does not confirm compliance with planning controls or the NCC, does not legalise unauthorised works, and does not replace the need for development consent, a construction certificate, or an occupation certificate, nor does it prevent fire safety orders or building product rectification orders. Properly understood, a BIC removes specific council enforcement powers for existing building issues at a point in time without declaring the building lawful or compliant. The council will often enforce the building owner to complete works to ensure the building meets the current BCA before issuing the BIC.

For property owners dealing with unauthorised works, a BIC provides a structured resolution pathway that protects the property from serious enforcement consequences of leaving the situation unaddressed.

A BIC may be the relevant pathway in a number of situations, including:

Unauthorised building works on a property you own. Works that were completed without a DA, CC, or CDC, whether carried out by you or by a previous owner.

Buying or selling a property with unauthorised works. Unauthorised works can affect a property's ability to be sold, financed, or insured. A BIC provides a formal resolution that can be disclosed in a contract of sale.

Receiving a council notice or order about building works. When council identifies unauthorised works and issues a formal notice, the BIC pathway is often the most direct resolution available.

If you are not certain whether your situation involves unauthorised works, or whether a BIC is the right pathway, the best starting point is a conversation. Call us directly or submit an enquiry, and we will assess the situation with you.

When council identifies unauthorised building works, the formal process begins with a notice of intention to issue a development control order. This is a specific notice under the Environmental Planning and Assessment Act that precedes any development control order being issued.

The compliance period, the time within which the property owner must respond or comply, is set by council and stated in the notice. It is not negotiable once the notice is issued.

Ongoing non-compliance with a development control order can result in significant ongoing penalties. For individuals and corporations, the consequences of failing to act within the compliance period can be substantial.

If you have received a notice from council, time matters. Getting experienced guidance through the BIC process quickly is the most direct way to protect your position.

Do not contact us with specific questions about daily fine amounts. The applicable penalties depend on the specific notice and circumstances. Buildingwise Developments does not provide legal advice. What we can do is guide you through the documentation and BIC application process with the knowledge and experience to do it correctly.

Buildingwise Developments works with property owners through the BIC process from assessment through to lodgement.

This involves an assessment of the unauthorised works, preparation of the relevant documentation, and preparation of the BIC application for submission to council or the relevant certifier. The process requires accurate documentation of the existing works, and in some cases, engagement of other consultants depending on the nature and complexity of the works.

There is no guarantee that a BIC will be issued. The assessment is made by council or the certifier based on the works and the applicable requirements. Buildingwise Developments prepares the documentation to give the application the best available foundation.

Can a BIC be refused?

Yes. A BIC application can be refused if the works are assessed as not satisfying the relevant requirements. The likelihood of refusal depends on the nature of the works, the applicable planning controls, and the quality of the documentation submitted. Buildingwise Developments does not guarantee outcomes, but prepares documentation that is thorough and accurate.

Does a BIC approve the works?

No. A BIC does not retrospectively grant DA or CC approval. It is a separate formal instrument that provides specific protections for the property owner under the EPA Act. The works are not treated as if they went through the normal approval process.

What happens if I do nothing?

If a council notice is ignored and no action is taken within the compliance period, council can proceed to issue a development control order. Non-compliance with a development control order can result in ongoing penalties and potentially an order requiring the works to be demolished or altered. The consequences of inaction are significantly worse than engaging with the process early.

Is a BIC the same as a retrospective DA?

No. A Development Application is an application for consent to carry out development. A BIC is a separate instrument that addresses existing unauthorised works. In some cases, a retrospective DA may be possible or required alongside or instead of a BIC, depending on the nature of the works and the planning controls. Buildingwise Developments can assess which pathway is relevant to your situation.

Buildingwise Developments handles BIC documentation across Newcastle, Lake Macquarie, Maitland, Port Stephens, and the broader Hunter region.

For the right situation, work extends across broader NSW.

If you have received a council notice, or if you have discovered unauthorised works on your property, call us directly or submit an enquiry. We will assess your situation plainly and tell you what the options are.

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Phone: 02 4957 8187