Building certificates are issued under Section 149D of the Environmental Planning and Assessment Act 1979 and verify that Council has inspected a previously built development and has checked the building works against the National Construction Code. To apply for a building certificate, you must submit a completed Building certificate application form to Council.

Obtaining a building certificate means that Council will not issue an order to repair, demolish or rebuild for seven years after the certificate has been issued; with the proviso that the premises remain in a satisfactory state and do not deteriorate. Council can, however, still issue orders to ensure that buildings comply with fire safety requirements, even if a building certificate already exists.

A building certificate is useful when you are purchasing a property and would like to check if Council has approved works carried out on the property. Council will inspect the property to determine compliance. An original or certified copy of the Survey Report for the building must be included with the application. Original survey reports will be returned after Council has determined the application for a building certificate.

Where building works have been carried out without consent, Council will assess whether or not the building works could have been lawfully approved under normal circumstances. If it could have been approved, the illegal work may be permitted to remain. If not, then the illegal work may have to be demolished.

Note:
The NSW Government has foreshadowed proposed changes to the use of building certificates for unauthorised works. These changes will be communicated once more information is available.