r/AusProperty • u/Necessary-Chance2045 • 3d ago

NSW BIC instead of OC

We’ve been looking at purchasing a property in NSW that was built in 1997. After our offer was accepted, our solicitor discovered that it has not had a OC and the BIC expired at the start of this year. We can see that all the reports and inspections were done, up until the final sign off after the final inspection.
We can put it in the contract of sale that we can walk away with no penalty if a new BIC is not provided before settlement.
But my question is what problems is this likely to cause long term? We want to do renovations to the property, including changing windows and relocating the kitchen and fireplace which would involve a DA. Can these be issued where a BIC is in place?

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u/WholeTop2150 3d ago

1997? Why do you want a BIC I don’t understand. The house was built 30 years ago

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u/Necessary-Chance2045 2d ago

Because without it, it can be classed as unapproved works and council can issue work or demolition orders on it. Insurance also won’t view it as habitable from what we can understand

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u/WholeTop2150 2d ago

Council are definitely not issuing any demo orders on something built in 1997

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u/Necessary-Chance2045 2d ago

What about if we want to do renovations to it?

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u/WholeTop2150 1d ago

Go right ahead.

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u/Immortal-Pomegranate 1d ago

This is the (practical) right answer.

I know the lack of OC or finality raises legal risks and issues but it’s highly unlikely that Council will issue demolition orders.

Suggest that you simply ask them to renew the BIC or get your own consultant to go through and give you feedback on any major defects… you can then incorporate rectification into your DA and works, if they are major.

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u/Level-Music-3732 2d ago

I’m more concerned that it didn’t have an OCCUPATION CERTIFICATE.

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u/Necessary-Chance2045 2d ago

We’ve checked through all the building files and it appears it missed the final certification. We’ve got records up until the final inspection showing everything was completed properly but the final certificate was never issued. OC wasn’t compulsory in nsw until 1998 apparently but it still should have had a final approval