Received a Development Control Order? Understanding Building Information Certificates (BIC)

Receiving a Development Control Order (DCO) from your local council can be a stressful experience. A DCO is a formal notice requiring you to address specific issues with building work on your property, often related to lack of approval or non-compliance. If you've received a DCO concerning existing structures, a Building Information Certificate (BIC) may offer a pathway to resolve the situation and provide peace of mind. This page explains what a BIC is and how it can help you respond to a DCO.

What is a Building Information Certificate (BIC) and How Does it Help with a DCO?

A Building Information Certificate (BIC), previously known as a Building Certificate, is a certificate issued by a local council in New South Wales under Section 149D of the Environmental Planning and Assessment Act 1979. Its most critical function for someone facing a DCO is that it states the council will not take action to order the demolition or alteration of the building for a period of seven years from the date of issue.

Essentially, obtaining a BIC for the building work specified in your DCO provides a degree of legal protection. It confirms that for seven years, the council will not enforce compliance (including through a DCO) in relation to that specific existing building work. This can effectively halt or resolve the council's requirement for you to demolish or alter the structure mentioned in the DCO.

While a BIC is not a substitute for original development consent or a construction certificate, and it doesn't certify full compliance with all current building standards, its primary benefit in your situation is providing immunity from council enforcement action, such as the DCO you have received, for a defined period.

Understanding Development Control Orders (DCOs)

As you know, a Development Control Order (DCO) is a formal instruction from the local council requiring a property owner to carry out specific work. This is often issued when the council identifies building work that may be unauthorised or does not comply with planning controls or building standards.

The issuance of a BIC for specific building work provides immunity against the council issuing a DCO for that particular work for a period of seven years from the date of the BIC. This means that if you successfully obtain a valid BIC covering the work cited in your DCO, the council cannot legally order you to demolish or alter that certified building work during that seven-year timeframe. This protection is why a BIC is a crucial option to explore when responding to a DCO concerning existing structures.

The Process of Obtaining a BIC to Address Your DCO

The process involves applying to your local council. Here are the typical steps:

• Application Submission: An application form must be completed and lodged with the relevant local council. Be sure to clearly reference the building work that is the subject of the DCO.
• Required Documentation: The application must be accompanied by various documents related to the property and the building work in question. This is a critical step, and accurate documentation is key. Documents may include:
  • Survey plan of the property.
  • Accurate architectural plans of the existing building work (floor plans, elevations, sections).
  • Structural plans (if applicable).
  • Photographs of the building work.
  • Relevant application fees.
• Council Inspection: A council officer will typically inspect the property to assess the building work and compare it against the submitted plans and relevant planning controls. They will be specifically looking at the work referenced in the DCO.
• Assessment: The council will assess the application based on the inspection, submitted documents, and relevant legislation and policies. They will consider factors like structural adequacy and fire safety of the existing work.
• Determination: The council will either issue the BIC (often with conditions that may need to be met) or refuse the application, providing reasons for the refusal. A successful BIC application effectively addresses the DCO for the certified work.

The timeframe for processing a BIC application can vary depending on the complexity of the case and the council's workload.

How March Designs's Expertise Can Help When You've Received a DCO

Dealing with a DCO and the subsequent BIC application process can be daunting. Our expertise is particularly valuable in this situation and can significantly streamline the process and reduce stress.

• Accurate Documentation for the DCO: We are skilled in preparing accurate and detailed architectural plans and documentation required for the BIC application. We can survey the existing structures mentioned in your DCO and create professional drawings that meet council requirements, which is crucial for a successful application.
• Identifying and Addressing Issues: We can assess the existing building work cited in the DCO to identify potential issues that might concern the council during the BIC assessment. We can advise on whether the work is likely to meet the necessary standards or if modifications might be required to satisfy council requirements and resolve the DCO.
• Liaison with Council Regarding the DCO: We are experienced in communicating and negotiating with local councils, especially in compliance matters. We can act as a professional point of contact, respond to council queries regarding the DCO and BIC application, and help address any concerns raised during the assessment process.
• Understanding Regulations in the Context of Your DCO: We have a deep understanding of building codes, planning regulations, and council requirements. We can interpret complex legislation and ensure your BIC application is presented in a way that clearly demonstrates compliance where possible, directly addressing the concerns raised in the DCO.
• Problem Solving and Design Solutions: If the council identifies issues during the BIC assessment that are preventing approval and resolution of the DCO, we can propose solutions or design modifications that might be necessary to obtain the certificate.
• Saving Time and Reducing Stress: By managing the application process, preparing accurate documentation, and liaising effectively with the council in the context of your DCO, we can save you significant time and reduce the stress associated with navigating this complex situation.

Engaging March Designs is particularly beneficial when dealing with a DCO related to complex or long-standing unauthorised building work, as our professional knowledge and experience can be invaluable in achieving a positive outcome and resolving the DCO.