Finding out that part of your property was built without the right approvals is unsettling, especially when it surfaces right as you are trying to sell, buy, or refinance. A previous owner may have added a carport, enclosed a patio, or converted a garage without ever lodging the paperwork. The good news is that you usually have a clear path forward. Learning how to certify unlicensed building work lets you resolve the issue properly and protect the value of your home.
Across NSW, from Newcastle and the Central Coast to Sydney and the Hunter, owners face this exact situation every week. Here is how the process actually works.
What “Certifying” Already-Built Work Really Means
You cannot get standard approval after the fact the way you would before construction starts. A Development Approval or Complying Development Certificate is meant to be obtained before work begins, not once it is finished.
Instead, the document that resolves completed unauthorised work is a Building Information Certificate (BIC). A BIC tells council that it will not order you to demolish, alter, or rebuild the work covered by the certificate. It gives you a clean position for seven years, which is enough breathing room to either keep the building as it stands or arrange any further approvals.
Step 1: Identify Exactly What Was Built Without Approval
Before anything else, you need to know the full scope of the unapproved work. Walk the property and compare what exists against the approvals on the council file. Common culprits include:
- Garage conversions turned into living or rental space
- Patios, pergolas, and verandahs that were later enclosed
- Sheds, carports, and granny flats added without consent
- Bathroom or kitchen additions that changed the building footprint
Being honest and thorough here saves you from a half-finished application later.
Step 2: Arrange a Survey Report and Plans
Council will not assess your application on a verbal description. You will need an original survey report and plan prepared by a registered surveyor, plus any plans and specifications that describe the work. This documentation shows precisely where the structure sits and how it was built.
This is the stage where many owners get stuck, because the requirements shift depending on the nature of the work and which council area you are in. Working with experienced building certification services early means you assemble the right package the first time rather than chasing extra documents after a rejection.
Step 3: Confirm the Work Meets the Building Code
A BIC does not automatically declare that everything complies. Council can still issue notices about matters like fire safety or pool barriers. So part of certifying unlicensed building work is checking the structure against the National Construction Code and Building Code of Australia and addressing anything that falls short.
The aim is not just a stamp on paper. It is a building that is genuinely safe and stands up to scrutiny when the next owner does their due diligence.
A registered building certifier can inspect the work, tell you what needs rectifying, and confirm what is acceptable as built.
Step 4: Lodge the Building Information Certificate Application
With your survey, plans, and any rectification sorted, you apply for the BIC through the NSW Planning Portal. The owner can lodge it, or a solicitor, agent, or even a purchaser under contract can apply with the right consent.
In some cases only part of the work qualifies for a BIC while another element still needs a Development Application. When that happens, both are lodged together so the unfinished portion can proceed under proper approval rather than being left in limbo.
Step 5: Respond to Council and Finalise
Once lodged, council reviews the application and may ask for further information or inspections. Handled well, this stage is straightforward. Handled poorly, it drags on and adds stress to an already tight settlement timeline. Quick, accurate responses keep things moving.
Why Local Certifier Knowledge Matters Here
Every council interprets unauthorised work requirements a little differently, and that local variation is where projects stall. As an unrestricted certifier with deep NSW experience across both local government and private practice, our director has sat on both sides of the council counter. That background means we know what assessors look for and how to present your application so it is assessed cleanly the first time.
Resolving unlicensed building work is rarely as frightening as it first seems once you have the right guidance. If you have discovered unapproved work on your property and want a clear plan to certify it, get in touch with the Cert Lane team for a fee-free proposal.