The National Construction Code (NCC) is Australia’s main framework for technical design and construction standards for buildings. This performance-based code established the minimum standards needed for safety, health, amenity, accessibility, and sustainability in buildings. The Australian Building Codes Board (ABCB), representing the Australian Government as well as state and territory governments, is responsible for producing and maintaining the NCC. Under the NCC, all building products and materials must be ‘fit for purpose.’ The code mandates that evidence of suitability must be provided to show that a material, design, or construction complies with a Performance Requirement or Deemed-to-Satisfy (DTS) Provision.
The NCC is updated every three (3) years by the ABCB. Revisions incorporate changes selected from various proposals, which can be submitted by anyone at any time. After submission, these proposals are reviewed by relevant committees, and if approved, they are included in the public comment draft of the NCC’s next edition.
Compliance with the NCC
There are three ways to meet the NCC’s Performance Requirements:
1. Using a Performance Solution;
A Performance Solution must meet all applicable Performance Requirements set by the NCC. It offers a customised approach to achieve the intended outcomes of these requirements. To ensure compliance; a Performance Solution must be verified using one or more of the following assessment methods:
a. Evidence of Suitability;
b. A Verification Method;
c. Expert Judgement; or
d. Comparison with the DTS Provisions
The NCC also outlines the following process for developing a Performance Solution:
1.1 Create a performance-based design with relevant stakeholders;
1.2 Conduct the necessary analysis;
1. 3 Assess the results; and
1. 4 Prepare a final report detailing the steps taken in the previous stages.
2. Using a Deemed-to-Satisfy (DTS Solution)
Using a DTS Solution is achievable by adhering to all relevant DTS Provisions outlined in the NCC. These provisions are prescriptive, providing detailed instructions on how, what, and where to implement various materials, components, design factors, and construction methods. By following these guidelines, compliance with the Performance Requirements is deemed to be met, hence the term ‘Deemed-to-Satisfy.’
To ensure that a DTS Solution meets the relevant Performance Requirements, it must be verified using either ‘Evidence of Suitability’ and/or ‘Expert Judgement.’
3. Using a combination of Performance Solutions and DTS Solutions
Changes implemented in the NCC 2022
The NCC 2022 came into effect on 1 May 2023 and introduced more strict energy efficiency standards, mandating that new homes achieve improved thermal performance. It emphasises the shift towards fully electric buildings, which do not use gas, and encourages sourcing electricity from renewable energy. Additionally, the new code includes a mandate for buildings to be equipped to support electric vehicle charging. Requirements for valley gutters have also been raised, with a minimum freeboard height of 15 millimetres, an increase from the standards set in NCC 2019.
How RCR can assist
RCR construction team offer expert guidance throughout all areas of construction, from disputes to drafting bespoke contracts and offering advice regarding your compliance with various bodies of law.
If you are unsure about your compliance with the NCC, RCR’s experienced team of constructions lawyers are here to help you navigate the complex bodies of law governing construction law. Contact us today to schedule a consultation and take the first step towards ensuring compliance.
The blog published by Rostron Carlyle Rojas is intended as general information only and is not legal advice on any subject matter. By viewing the blog posts, the reader understands there is no solicitor-client relationship between the reader and the blog published. The blog should not be used as a substitute for legal advice from a legal practitioner, and readers are urged to consult RCR on any legal queries concerning a specific situation.
