Building Certificates are also referred to as Section 149A Certificates. This is because they are issued under Section 149A of the Environmental Planning & Assessment Act 1979.
As part of a Building Certificate, Council will certify certain matters in relation to existing buildings and structures on a particular property. Further information on Building Certificates can be found by exploring the FAQ’s below:
Frequently Asked Questions
Why would I need a Building Certificate?
Building Certificates are commonly requested when property is being purchased or sold and there is a need to ensure that the property is not going to be the subject of action by the Council. It is also commonly applied for when work is undertaken without appropriate approvals being issued by Council (or a private certifier).
Whilst the Building Certificate will not provide a retrospective building approval, the Certificate will operate to prevent Council from:
- Ordering the property owner to repair, demolish, alter, add to or rebuild any building or structure contained on the land within 7 years of the date of the certificate.
- Taking proceedings in relation to any encroachment of a building or structure onto land vested in or under the control of Council within 7 years of the date of the certificate.
What are the requirements for lodging a Building Certificate?
A Building Certificate application may be made by:
- The owner of the property.
- Another person, with the consent of the owner of the property.
- The purchaser of the property under a Sale Contract (including the purchasers agent).
- A public authority that has notified the owner of its intention to apply for the certificate.
A Building Certificate application may be made for a part of whole of a building.
A Building Certificate application must include 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 Council to assess the application.
How can I apply for a Building Certificate?
Building Information Certificates can now be applies for on the NSW Planning Portal.
Step 1. Register for a NSW Planning Portal account to start your application.
Step 2. Log in to complete the online application form.
How much do Building Certificates cost?
The fees for Building Certificate Applications will vary from case to case. The fee depends on the number of buildings included on the application, the size of each building and the classification of each building under the Building Code of Australia.
During your application of the Building Information Certificate on the NSW Planning Portal, you will receive a fee quote via the additional information request of the Planning Portal advising you with the methods of payment which can be via credit card payment, over the phone or other options discussed with Council. Once you have made payment your application will be approved.
It is suggested that you contact Council's Environmental Services Department on (02) 6340 2040 to determine the cost of your Building Certificate Application.
How long does it take to process my application?
Council has a guarantee of service that all Building Certificates will be processed within 10 working days of receipt of the application. This is subject to the application being made complete with all required information, including the current survey report and plan and owners authorisation.
Council's guarantee of service is also subject to appropriate access to the property being made available to Council's inspecting officer.