Unapproved work: what a Building Information Certificate actually does

A surprising number of Sydney homes have something on them that was never approved: an enclosed verandah, a converted garage, a granny flat that was a shed, a deck that grew. It usually surfaces when the property is sold, refinanced or insured, or when a neighbour complains. The tool for fixing it is a Building Information Certificate, often called a BIC.

What it does

A BIC is council saying, in writing, that it will not order the work to be demolished, altered or rebuilt for a set period because of the way it was built. It settles the question "will council make me pull this down?" for the matters the certificate covers. Buyers, lenders and insurers understand it and usually accept it.

What it does not do

It is not a retrospective approval of the use. If a converted garage is being rented out as a separate dwelling, the BIC deals with the building, not with whether a second dwelling is permitted on that block. Sometimes a BIC is enough on its own; sometimes it goes together with a development application for the use. That is the first thing we work out.

What council will want to see

• A survey showing what is actually there and where it sits against the boundaries.
• Drawings of the work as built, prepared by someone who knows what council is checking for.
• Evidence that the work is structurally sound — usually a structural engineer's report.
• Evidence on fire safety, waterproofing, and access where they apply.
• Anything that shows the work meets, or can be brought to meet, the building code.

The honest part

Not everything can be kept. Work that sits over a boundary, blocks a required exit, or was built in a way that cannot be made safe may have to be changed before council will issue the certificate. We tell you that early, because finding it out after the fees are paid is the worst outcome. Most cases are fixable; the ones that are not are better known on day one.