Can a BIC Be Refused by Council?

A Building Information Certificate (BIC) can seem like the easiest path to legitimising unapproved work, but it’s not a guaranteed approval.

In NSW, a council can refuse a BIC under certain conditions.

Understanding when and why a BIC might be refused is key to avoiding delays, added costs and compliance issues.

At StraightLine Planning, we help clients navigate the NSW planning system with clarity and confidence.

Here are the most common reasons a BIC can be refused by council and how to avoid it.

1. The work is structurally unsafe or poses a health risk

If the existing structure is dangerous, poorly built or doesn’t comply with the Building Code of Australia, the council may refuse the BIC.

This includes issues like non-compliant footings, unsafe decks or additions that don’t meet fire safety standards.

For example, we recently worked with a homeowner in Western Sydney who had built a rear granny flat without approval.

Council requested an engineer's report and a fire safety assessment.

We coordinated both and helped make the necessary upgrades, which led to a successful outcome.

Without that technical support, the application likely would have been refused.

2. The development breaches NSW planning controls

A BIC cannot override planning rules.

If the work conflicts with zoning laws, exceeds height limits or breaches setbacks, council may reject it.

This is where a qualified planning consultant becomes essential.

Our team often reviews unauthorised works before lodgement to check if they can be justified or need modifications.

For example, if a carport is too close to a boundary, we may recommend design changes before applying for the BIC.

That kind of early planning advice can mean the difference between approval and refusal.

3. The building has a history of unresolved compliance issues

If council has already issued orders or notices about the unauthorised work, they may be less inclined to issue a BIC.

This includes stop work notices, demolition orders or failed inspections.

A proactive approach is crucial in these situations.

We recently assisted a commercial property owner in the Inner West who had multiple historical compliance notices for internal alterations.

By preparing a thorough development application with supporting documentation, including fire compliance reports and a heritage impact statement, we were able to satisfy council concerns and secure approval.

4. Incomplete or poor-quality documentation

A common reason BICs are delayed or refused is that applicants submit plans that don’t match the actual site conditions.

Outdated drawings, missing elevations or vague site plans all raise red flags for council assessors.

At StraightLine Planning, our in-house drafting team prepares accurate, DA-ready documentation that reflects real conditions on site.

This streamlined process not only supports faster council approval but also ensures long-term compliance.

5. Lack of supporting technical reports

In many cases, a BIC application will require reports from engineers, surveyors or certifiers.

If these are missing or inadequate, council may be forced to reject the application.

For instance, if the structure is located in a flood-prone or bushfire area, additional assessments may be necessary.

As planning consultants, we guide clients through the NSW planning requirements and ensure all documents meet council expectations.

What to do if your BIC is at risk of refusal

If you suspect your unauthorised works may not comply with local planning rules, seek professional planning advice early.

Engaging a planning consultant before lodging a development application or BIC request can save you time, money and stress.

With years of experience across residential and commercial development in NSW, StraightLine Planning offers expert guidance, accurate drafting and strategic support throughout the DA approval process.

Getting council approval starts with getting it right the first time.