What is a Building Certificate and how can I obtain one?

• In New South Wales a building certificate is a certificate issued under section 149B of the Environmental Planning and Assessment Act 1979 (NSW). Different written law will apply if you live in another state or territory although the requirements will be similar. A building certificate warrants that a council won’t require a building to be demolished, upgraded or altered except in the case of fair wear and tear over a period of seven years. Building certificates are generally provided by your local council.  
• If you are a vendor you or your solicitor should attach a building certificate to the contract of sale. If a building certificate is not attached to the contract then usually a purchaser obtains one from the council. If the council does not issue a building certificate then the purchaser has the right to rescind (revoke or cancel) the contract.
• If you are a purchaser you or your lawyer will usually obtain a building certificate for your own financial protection and the protection of your mortgagee. If the property has additions such as a pool or a granny flat and the contract of the sale does not have a building certificate attached you can request the contract for sale to be made subject to the issue of a building certificate. Under this condition the purchaser will apply to the appropriate council for a certificate. The purchaser must pay for the certificate which is usually around $250 for a dwelling. If the council does not issue a certificate then the purchaser is entitled to withdraw from the contract without penalty.