Read what a building information certificate prevents
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Record the council for the area in which the land is situated and the date of the certificate. Make two lists from the certificate and the file, and no others: matters said to have existed or occurred before that date, and matters said to arise only from deterioration of the building solely because of fair wear and tear. Note whether a fire safety order, or a building product rectification order under the Building Products (Safety) Act 2017, has been raised. Do not say the building is lawful, and do not say occupation is authorised.
- What the lawyer must review
- The lawyer reads sections 6.23 and 6.25 of the Environmental Planning and Assessment Act 1979 (NSW). An application is made to the council for the area. The council issues a certificate only if it appears there is no matter, discernible by reasonable care and skill, that would entitle it to make the orders or take the proceedings the section describes, or there is such a matter but the council does not propose to act. The certificate states that the council will not make an order or take proceedings of the kinds in subsections (3) and (4). Subsection (3) covers matters existing or occurring before the date of issue. Subsection (4) runs for 7 years from issue and is limited to deterioration solely from fair wear and tear. Subsection (5) does not stop a development control order that is a fire safety order or a building product rectification order. An order or proceeding made or taken in contravention of the section is of no effect. The regulations on the procedure for applications were not opened. The certificate is not treated as proof that the work complied with the planning controls.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Record the council for the area in which the land is situated and the date of the certificate. Make two lists from the certificate and the file, and no others: matters said to have existed or occurred before that date, and matters said to arise only from deterioration of the building solely because of fair wear and tear. Note whether a fire safety order, or a building product rectification order under the Building Products (Safety) Act 2017, has been raised. Do not say the building is lawful, and do not say occupation is authorised. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Keep pre-issue matters separate from the 7-year fair-wear list. Do not put every defect on both lists.
- Do not describe the certificate as authorising occupation or as proof the work was lawful.
- Flag a fire safety order or a building product rectification order as outside the certificate's protection.
- Do not invent an application procedure. The regulations were not opened.
Sources
- Environmental Planning and Assessment Act 1979 (NSW) s 6.23, making an application for a building information certificate · 2026-10-22
- Environmental Planning and Assessment Act 1979 (NSW) s 6.25, issue, nature and effect of a building information certificate · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.