Post Consent Certificates
View the different types of certificates required after obtaining development consent.
Building Information Certificate (BIC)
When buying or selling a property it is important to obtain a Building Information Certificate (BIC) from your local council if you suspect unauthorised work has been carried out.
Obtaining a BIC prevents local council from pursuing regulatory action against the whole or part of the building for seven years. These regulatory actions include:
- Ordering the repair, demolition, alteration, or rebuilding of a building
- Civil proceedings relating to any encroachment of the building onto council-controlled land
As it is not possible to obtain development consent or a construction certificate for a building that has already been erected, a BIC is generally the only option available to “regularise” building work that has been carried out unlawfully.
To request a BIC, you must be:
- The property owner
- Another person, with the consent of the property owner
- The purchaser of a property under a contract of sale (including the purchaser's solicitor or agent)
- A public authority that has notified the owner of its intention to apply for the certificate
More information on the BIC process can be found in the Department’s Building Information Certificate Practice Note and the Support Hub.
Construction Certificate (CC)
A Construction Certificate must be obtained before any building or construction work commences. This certificate confirms that the construction plans and development specifications comply with the Building Code of Australia and other council requirements.
A CC is not required for building work that is exempt or complying development, or for Crown building work.
A CC application should include detailed building plans, engineering details and specifications. The plans will likely contain a lot more information than the approved development application plans to allow your builder to work directly from them.
The finished building must be consistent with CC documents and the development consent. Any changes to your plans that are inconsistent with the DA plans will need to be assessed and a subsequent application to modify the development consent may be required.
Class 2 residential developement
Complete
A Class 2 building contains two or more sole-occupancy units, each being a separate dwelling. These buildings are usually multi-storey, multi-unit apartment buildings where people live above or below each other.
For Class 2 Construction Certificate applications, there are additional requirements under the Design and Building Practitioners Act 2020 and the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020.
A set of declared regulated designs for a Class 2 development will need to be provided before building work start. More information about working on regulated buildings can be found on the NSW Fair Trading website.
More information on the Construction Certificate application process can be found on the Support Hub.
Subdivision Works Certificate (SWC)
Subdividing land refers to dividing an existing parcel of land into two or more smaller lots. Subdividing land generally requires development consent from your local council, except where it may be permitted as exempt or complying development.
A Subdivision Works Certificate (SWC) must be obtained before commencing subdivision works. Subdivision works include civil works including sewerage works, roadworks, and earthworks.
The SWC operates like a construction certificate and certifies that the subdivision work will be completed in accordance with specified plans and will comply with any regulation requirements.
More information on the Subdivision Works Certificate application process can be found on the Support Hub.
Subdivision Certificate (SC)
A Subdivision Certificate (SC) must be obtained after subdivision works are completed.
The SC certifies that the subdivision has been completed in accordance with development consent conditions. It also authorises the registration of the subdivision within NSW Land Registry Services.
An SC can be issued by a relevant consent authority (dependent on the development's circumstances), including local council, the Crown or prescribed person, or a registered certifier.
More information on the Subdivision Certificate application process can be found on the Support Hub.
Occupation Certificate (OC)
An Occupation Certificate (OC) must be obtained to occupy and use a new building or part of a building, or change the use of an existing building. This is the final step in the development application and construction process. For staged works, a partial OC may be issued. This allows you to occupy the part of the building to which the partial OC relates.
For an OC to be issued, the building or development must:
- Meet development consent requirements and regulatory standards
- Be suitable for occupation (in accordance with the relevant Building Code classification).
Class 2 residential development
Complete
A Class 2 building contains two or more sole-occupancy units, each being a separate dwelling. These buildings are usually multi-storey, multi-unit apartment buildings where people live above or below each other.
Property developers for Class 2 developments are required to lodge their intention to seek an Occupation Certificate 6-12 months in advance. They must ensure compliance with the Residential Apartment Buildings Act, Strata Schemes Management Act 2015, and Design and Building Practitioner Act 2020.
More information on the Occupation Certificate application process can be found on the Support Hub.
Strata Building Bond Lodgement
The Strata Building Bond Lodgement requires developers of new residential strata buildings (4 storeys and higher) to pay a building bond to NSW Fair Trading equal to 2% of the building contract price.
The bond may be used to fix defects identified after an independent building inspection. If no defects are found, the bond is returned to the original property developer two years from the issue date of the occupation certificate.
The scheme only applies to developments where:
- the building has 4 or more storeys. Buildings which are less than four storeys remain covered by the Home Building Compensation Fund
- the building will be used for residential purposes
- the building contract between the developer and the builder was entered into on or after 1 January 2018.
