Part A2 Compliance with the NCC
Introduction to this Part
This Part explains the possible methods of demonstrating compliance with the NCC. It explains the various compliance pathways within the NCC and the appropriate steps that must be taken for each of these pathways.
Compliance with the NCC is achieved by complying with—
the Governing Requirements of the NCC; and
A2.1 Compliance with the Performance Requirements
A2.2 Performance Solution
Comparison with the Deemed-to-Satisfy Provisions.
Where a Performance Requirement is satisfied entirely by a Performance Solution, in order to comply with (1) the following method must be used to determine the Performance Requirement or Performance Requirements relevant to the Performance Solution:
Prepare a performance-based design brief in consultation with relevant stakeholders.
Evaluate results from (b) against the acceptance criteria in the performance-based design brief.
Prepare a final report that includes—
identification of all Assessment Methods used; and
details of steps (a) to (c); and
confirmation that the Performance Requirement has been met; and
details of conditions or limitations, if any exist, regarding the Performance Solution.
A2.2(4) does not take effect until 1 July 2021.
A2.3 Deemed-to-Satisfy Solution
For Volume Two:
Where an acceptable construction manual and an acceptable construction practice contained in the same Part are considered to satisfy the same component of a Performance Requirement, in order to comply with the Deemed-to-Satisfy Provisions it is only necessary to satisfy—
the appropriate acceptable construction manual; or
the appropriate acceptable construction practice.
Where an acceptable construction manual and an acceptable construction practice contained in the same Part are deemed to satisfy different components of a Performance Requirement, compliance with the Deemed-to-Satisfy Provisions may require satisfying both the listed acceptable construction manual and the acceptable construction practice for their specific components unless otherwise stated.
A2.4 A combination of solutions
Where a Performance Requirement is satisfied by a Performance Solution in combination with a Deemed-to-Satisfy Solution, in order to comply with (1), the following method must be used to determine the Performance Requirement or Performance Requirements relevant to the Performance Solution:
To comply with the NCC, a solution must achieve compliance with the Governing Requirements and the Performance Requirements. The Governing Requirements contain requirements about how the Performance Requirements must be met.
Performance Requirements outline the minimum necessary standards different buildings or building elements must attain. The Performance Requirements are the only NCC technical provisions that must be satisfied.
In some instances, State and Territory variations and additions may also be applicable to certain Performance Requirements.
A solution may be partly a Performance Solution and partly a Deemed-to-Satisfy Solution. However, no matter what method is chosen, building proponents need to always meet the Performance Requirements of the NCC.
- a calculation, using analytical methods or mathematical models; or
- a test, using a technical procedure, either on-site or in a laboratory, to directly measure the extent to which the Performance Requirements have been met; or
- an inspection (and inspection report); or
- any other acceptable form of certification.
A Performance Solution must comply with all applicable Performance Requirements of the NCC. A Performance Solution provides a tailored solution to meet the intended objective of the Performance Requirements. A Performance Solution must comply with all relevant Performance Requirements and must be verified using one or a combination of the following Assessment Methods:
- Evidence of suitability.
- Verification Method.
- Expert Judgement.
- Comparison with the Deemed-to-Satisfy Provisions.
For example, building proponents who wish to know what has to be done to satisfy the fire safety Performance Requirements for a particular building can either follow the Deemed-to-Satisfy Provisions or develop a Performance Solution. Guidance on how to develop Performance Solutions can be found on the ABCB website at: www.abcb.gov.au. The ABCB Resource Library contains information on the development of Performance Solutions for both building and plumbing.
A Deemed-to-Satisfy Solution is achieved by following all appropriate Deemed-to-Satisfy Provisions in the NCC. The Deemed-to-Satisfy Provisions are prescriptive (i.e. like a recipe book, they tell you how, what and in which location things must be done). They include materials, components, design factors, and construction methods that, if used, are deemed to meet the Performance Requirements, hence the term “Deemed-to-Satisfy”.
- Evidence of suitability.
- Expert Judgement.
In Section 3 of Volume Two the Deemed-to-Satisfy Provisions are divided into two compliance pathways: "acceptable construction practices" and "acceptable construction manuals":
- "Acceptable construction practices" are some of the most common forms of national construction practices and are written into Section 3.
- "Acceptable construction manuals" are the deemed-to-satisfy referenced documents.
In general, either an "acceptable construction practice" or an "acceptable construction manual" may be used as options when proposing a Deemed-to-Satisfy Solution.
Acceptable construction practices are Deemed-to-Satisfy Provisions that are considered to meet the legislative requirements for Class 1 and Class 10 buildings.
There is no obligation to adopt any particular option contained in the acceptable construction practices, if it is preferred to meet the Performance Requirement in some other way.
When designing a building or plumbing or drainage system, both Performance Solutions and Deemed-to-Satisfy Solutions can be used to achieve compliance with Performance Requirements. A combination of solutions may be used to satisfy a single Performance Requirement. This may include occasions where a specific Performance Requirement covers a number of elements of a building or plumbing or drainage system.
No NCC provision can be considered in isolation. Any departure from the Deemed-to-Satisfy Provisions for a Performance Solution needs to be assessed against the relevant Performance Requirements within the relevant NCC Section or Part. Additionally, the proposed Performance Solution may also impact on other Performance Requirements in other Sections or Parts. Thus, these additional Performance Requirements need to be considered in relation to the subject Performance Solution. A2.2(3) and A2.4(3) set out the methods for determining which Performance Requirements are relevant.
It is important that a holistic approach is used when determining the appropriate Performance Requirements.
More information on NCC compliance methods is located at www.abcb.gov.au.
A2.4(2)(a) references A2.2. Therefore when using a combination of Performance Solutions and Deemed-to-Satisfy Solutions it is necessary to comply with A2.2(4) where a Performance Requirement is proposed to be satisfied by a Performance Solution.