Building Information Certificate
A Building Information Certificate is issued under the Environmental Planning and Assessment Act 1979.
The certificate prevents Council, for a period of seven years, from making an Order requiring the building to be repaired, demolished, altered, added to or rebuilt, except in the case of fair wear and tear over that period.
When to apply for a Building Information Certificate
The certificate is usually requested by a buyer or seller of a property before settlement to ensure that what is being bought or sold is not going to be the subject of action by Council. A Building Information Certificate may also be needed when work is completed without the necessary approvals being issued by Council or an Accredited Certifier.
A Building Information Certificate application can be made by:
- the owner of the property
- any other person, with the consent of the owner of the property
- the purchaser under a contract for the sale of property (including the purchaser's solicitor or agent)
- a public authority that has notified the owner of its intention to apply for the certificate.
How to apply for a Building Information Certificate
You can apply for a Building Information Certificate by completing the application and paying the relevant fee:
- Building Information Certificate Application (734KB)
- The application fee of $250 must be paid at the time you lodge your application. All Building Information Certificate fees are detailed in Council's current fees and charges document.
- *N.B - If the property exceeds 200m2 or additional inspections are required, additional fees will apply. Please contact Council's Development Help Desk for a detailed quote.
- Building Information Certificate fees are set under the Environmental Planning and Assessment Regulation 2000 (the Regulation). Residential properties have a set application fee per dwelling (refer to above). The fee for other building types is calculated according to the floor area of the building. The total floor area of the building to be inspected needs to be included on the application form.
- For other development types, please refer to the fees in clause 260 of the Regulation or contact our Development Help Desk.
- A Building Information Certificate Application must include 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. Further information may be needed (including building plans, specifications and certificates) to enable Council to assess the application.
You can submit the application:
- in person: at the customer service centre, corner of Vulcan Street and Campbell Street, Moruya, between 8.30am and 4.30pm.
- by email: Council
- by post: Development Help Desk, Eurobodalla Shire Council, PO Box 99 Moruya NSW 2537.
A Building Information Certificate application may be for a part or whole of a building. If you would like the application to include all buildings on the property you must list each building separately, eg, dwelling, shed, pergola with retaining wall and swimming pool.
How is a Building Information Certificate different from a Section 10.7 Planning Certificate?
A Building Information Certificate is issued under Section 6.24 of the Environmental Planning and Assessment Act 1979 and applies to buildings situated on the land.
A Planning Certificate is issued under Section 10.7(2) and Section 10.7(5) of the Environmental Planning and Assessment Act 1979 and provides information about planning controls and development restrictions relating to a property.
Can I submit an old Survey Report with my Building Information Certificate application?
Yes you can, as long as the Survey Report you submit with your application is a current representation of all structures and buildings on the land as they exist at the time you lodge your application.
If there have been any building works undertaken since the preparation of your Survey Report, a new report will be required to include the additional building works.
Does my property need to be inspected by Council before a Building Information Certificate is issued?
Yes, details of the contact person available to organise access must be provided on the application.
Upon registration of the Building Information Certificate application, a Development Admin Officer will contact you to organise a suitable time for the building inspection and will confirm whether access is available on the allocated inspection date.
How long will my Building Information Certificate take to process?
Your Building Information Certificate will usually be processed within five working days and will be either emailed or mailed to the address specified on the application.
If access to your property is not available to the Council officer on the scheduled day of inspection, this may cause a delay. You must ensure that access is available for Council's officer during business hours.
Are there any other penalties for unauthorised works?
An application for a Building Information Certificate does not exclude the potential issue of fines that may be issued for breaches under the Local Government Act 1993 and the Environmental Planning and Assessment Act 1979 for unauthorised building works requiring development consent.
We can help you
For more information, contact our Development Help Desk:
- T: 02 4474 1231
- E: Council's Development Help Desk