Construction Compliance Requirements

Submitted by sylvia.wong@up… on Wed, 06/09/2021 - 23:14
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This short video shows the steps to meeting the NCC's Performance Requirements:

Relevant NCC Performance Requirements

Building classifications determine the Performance Requirements that you must follow in any given project. Some of the Performance Requirements are only applicable to certain building classifications. Always check with the NCC or an Appropriate Authority if you are unsure which requirements you must apply to your building. 

Energy efficiency 

Energy efficiency refers to the reduction in energy consumption that consequently leads to a reduction of greenhouse gas. In recent decades, the BCA introduced energy efficiency provisions for housing and, more recently into other building classifications. 

To reduce greenhouse gas emissions, buildings need to obtain their energy from low greenhouse intensity sources, onsite renewable sources, or other processes, such as reclaimed energy. Buildings must also utilise energy efficiently, maintaining levels of thermal performance to comply with energy efficiency requirements. 

Damp and weatherproofing

A building must be able to manage rainwater impact within the building and on adjoining properties. A rainwater draining system for the disposal of surface water from a storm must be provided. 

The roof and external wall (including openings around windows and doors) must prevent water penetration. A building must also prevent damage from rising damp (moisture from the ground) and overflows from wet areas such as the bathroom, swimming pool, or the like. The swimming pool must have a good drainage system that will not cause illness to people or affect other properties. 2

Fire safety

A building is required to have elements that will, to the degree necessary, maintain structural stability during a fire. Performance Requirements for fire resistance of buildings relate to the protection from the spread of fire, detection of fire and early warning of fire.

Health and amenity

Part 2.4 of the NCC (Volume 2) gives Health and Amenity Performance Requirements for the following areas:

Requirements Description
Wet areas A building must be constructed in a manner such that water does not penetrate behind fittings and linings and into hidden spaces. This prevents internal moisture, which can cause damage to the building and sickness to the building occupants.
Room heights A room must have a height that does not contradict its purpose.
Personal hygiene and other facilities It is necessary to provide adequate sanitary facilities. Laundering facilities must have suitable means for the disposal of wastewater. Kitchen facilities must be provided means for washing and sanitary disposal of wastewater, cooking food, and preparing food. Requirements for laundry and kitchen facilities are applicable only to Class 1 buildings.
Lighting Windows must be provided in a habitable room, a room used for domestic activities (e.g. living room, dining room, etc.) so that natural light can enter the room. Artificial lighting should be installed in order to provide illuminance of not less than 20 lux.
Ventilation An area inside a building must be fitted with outdoor air ventilation. The circulation of odours and the accumulation of contamination must be managed by the mechanical air-handling system. Contaminated air must be disposed of in a way that does not create a hazard to persons or property.
Sound insulation Walls separating dwellings must have adequate insulation. The incorporation of a pipe must not compromise the sound insulation of walls.
Condensation and water vapour managment Risks associated with water vapour and condensation must be controlled.

Structure

A building, during construction or use, must be able to sustain damage. At the same time, the structural system as a whole should remain stable. It must avoid causing damage to other properties.

A building must also be able to perform adequately against extreme or frequently repeated design actions. The NCC states that structural behaviours should not cause any type of amenity loss. It defines structural behaviours as elements such as deflections, creep, settlement, and vibration. It expects that the building adheres to a specific set of performance attributes in relation to structural reliability. For example, a building is expected to withstand the effects of extreme wind or rain but is not expected to withstand the impact of a crashing aeroplane. 

Safe movement and access

Safe movement and access mean people can safely move in and out of a building. For example, walking surfaces must have safe gradients according to NCC's Part 2.5 (Volume 2). Stairways or ramps must have appropriate handrails, landings, and safe passages. There should also be fall prevention barriers to ensure the safety of people from falling, especially from heights.

NCC details stairway construction and how it should be constructed compliantly. It tells how a stairway must be designed to provide safe access. The same rule applies to ramps. It also discusses the requirements for slip-resistance treatment and thresholds.

Ancillary provisions

Ancillary provisions refer to ancillary building structures and components which are not part of the primary purpose of a building but provide the necessary support:

Requirements Description
Swimming pool access A barrier to a swimming pool must have the power to withstand people's impact. It must limit young children from accessing the pool.
Swimming pool recirculation systems Pool recirculation systems must have safety measures to prevent the trapping and injury of individuals.
Heating appliances Heating appliances must be mounted so radiant heat does cause adverse effects on the surroundings. Products of combustion such as carbon monoxide must not escape from the heating appliance and must be safely exhausted.
Buildings in alpine areas An external doorway must be designed so that snow would not block the opening. Trafficable structures (e.g. stairway) which are part of the external doorway must remain useable even during snowy weather. Snow shed from a building must not block the building's means of egress or cause injury to people.
Buildings in bushfire prone areas Buildings must be constructed to reduce the possibility of ignition from a bushfire. 
Private bushfire shelters Bushfire shelters are structures that provide protection to individuals during a bushfire event. The design and construction of such structures should take into consideration the location of the structure (i.e. if the shelter is near other buildings or vegetation that are combustible), the bushfire attack level (BAL), which is a building's potential exposure to embers and flame contact, and the structural and fire loads it may be subject to.
A mid-shot of a construction worker checking job-related information on a tablet device

There are three (3) different ways to achieve compliance with the NCC Performance Requirements. Each method has its uses and may not always be the most suitable option. Before discussing each type of method in detail, it is important to know what methods exist. There is a Performance Solution, a Deemed-to-Satisfy Solution and a solution with a combination of both. 

  1. A Performance Solution is one of the choices to achieve compliance with the Performance Requirements of the NCC. This is a tailored solution for a given project situation. This solution is flexible in achieving the outcomes and encourages the use of innovation in design and technology.  
  2. A Deemed-to-Satisfy (DTS) Solution (also known as a Prescriptive Solution) is a standard way to demonstrate compliance with the Performance Requirements. However, there are times when a DTS Solution to a given problem does not exist or does not apply to certain building designs. Sometimes, a unique or site-specific solution is preferred or necessary. In these instances, a Performance Solution may be developed and used.
  3. A DTS Solution is achieved if you follow all relevant DTS Provisions in the NCC. DTS Provisions tell you what, when, and how to do something to meet the Performance Requirements. These include the materials, components, design factors, and construction methods needed to meet the Performance Requirements. 

A Performance Solution is said to have achieved compliance with the NCC if it has complied with all relevant Performance Requirements or demonstrated that it is at least equivalent to DTS provisions.

The use of Performance Solution as a compliance method permits the following:

  • flexibility in the design regarding the use of alternative materials and forms of construction or design to meet the DTS Provisions;
  • innovation in the use of materials, forms of construction, or design; and
  • development of own solutions in response to unique design challenges.

When satisfying a single Performance Requirement, a combination of Performance Solution and Deemed-to-Satisfy Solution can be used since many components inside a building are protected by Performance Criteria.

Acceptable construction criteria 

Section 3 of the NCC Volume 2 includes deemed-to-satisfy provisions that are considered to be acceptable forms of construction that meet the legislative requirements for complying with the Performance Requirements.

The options described in Section 3 are typical examples of national construction methods but are not the only means of complying with Performance Requirements. Performance Solutions may be used provided they comply with Performance Requirements.

Section 3 has 12 parts that describe acceptable construction aspects of specific building components.

Components Description
Site preparation Provisions provided in this part are provisions related to general site preparation for footings, services, drainage, and installation of termite management systems.
Footings and slabs Provisions provided in this part are specific requirements for the excavation and filling for the footing or slab together with the construction of various alternative concrete slab and footing configurations.
Masonry Provisions provided in this part are specific requirements for the construction of walling systems.
Framing Provisions provided in this part are specific requirements for the construction of the framing of a building that gives the building support and shape.
Roof and wall cladding Provisions provided in this part are weatherproofing and structural requirements for roof and wall systems. Gutter and downpipe requirements are also included in this part.
Glazing Provisions provided in this part are specific requirements for any building component made of glass intended to let natural light in.
Fire safety Provisions provided in this part are specific requirements for ensuring the safety of the building's occupants against fire.
Health and amenity Provisions provided in this part are specific requirements for ensuring the health and safety of the building's occupants.
Safe movement and access Provisions provided in this part are specific requirements for safe movement and access to the building's occupants.
Ancillary provisions and additional construction requirements Provisions provided in this part are specific requirements for the construction of other ancillary sections of a building. This part also includes additional construction requirements based on the location of the building.
Energy efficiency Provisions provided in this part are specific requirements for constructing buildings that are sustainable and energy efficient.

Factors to consider in choosing a compliance option

Performance Solutions and DTS Solutions each have their own advantages and disadvantages depending on the situation they would be applied to. In order to come up with Performance Solutions to apply to your project, there are a number of factors that you have to consider: 

Cost of development

Performance Solutions need more resources to develop compared to DTS Solutions. This is because Performance Solutions, especially novel ones, usually require further testing and research. This translates to additional costs, which can make the development of Performance Solutions expensive. 

In deciding whether the development of Performance Solutions is worth investing in, consider both the long-term and short-term outcomes. Calculate if the savings you would get from the efficiency of Performance Solutions can offset the development costs. If this is the case, Performance Solutions may be worth considering for your project. 

Risks and consequences

In assessing the risks and consequences of your options, consider the following:

  • characteristics of the occupants that would be affected — due consideration must be given to younger occupants, older occupants, and people with disabilities
  • Fire Safety Engineering principles
  • principles of accessible building design
  • structural design principles of a building.

If the risks or consequences of failure for Performance Solutions are greater, then you may need to reconsider using a DTS Solution or adjust accordingly. 

Client requests

There are cases where using DTS Solutions cannot meet the client's expectations, which makes the use of Performance Solutions the better option. 

For example, there is a renovation of a school building in Queensland to keep up to date with the building requirements. The client requested that the renovation must focus on improving the building's fire safety features because the building had a previous fire accident. 

DTS Provision states that it must be used for energy efficiency in the building. However, applying the DTS Solution to the building means that it would compromise the client's goal to focus most of its resources on fire safety. 

Given this, a Performance Solution was designed. Construction materials that promote fire safety and energy efficiency are used to satisfy the NCC requirements on energy efficiency and meet the client's request at the same time. 

Existing spatial limitations

Sometimes, you are constrained by the spatial limitations of your building. Consider the DTS Provision regarding the height of a habitable room (excluding the kitchen) which states that the height must not be less than 2.4 metres. You may not be able to comply with these for several reasons. You may be working on a heritage building with rooms lower than the height required and trying to renovate may affect the integrity of the building. Another reason is that the ceiling may have an irregular shape.

A Performance Solution may be more suitable than a DTS Solution in cases where it is difficult to overcome the existing spatial limitations within your building. 

Sustainability principles and concepts

During the last couple of decades, governments, regulators, and those who work in the building and construction industry have been looking towards a more ethical and sustainable way of building that reduces harm to the environment. By using sustainability principles and concepts and incorporating them into the planning and construction phases, builders and contractors are reducing harmful effects on the surrounding environment.

Sustainable Principles

Sustainability principles are fundamental propositions that promote sustainability. Examples of sustainability principles, according to the World Wildlife Fund, are the following:

  • Balancing local and global efforts to meet basic human needs with the need to preserve the natural environment from degradation and destruction
  • Meeting current needs without compromising the ability of future generations to meet theirs.
Sustainability Concepts

Sustainability concepts are abstract ideas or general notions of sustainability. Examples of sustainability concepts are the following:

  • Ecological footprint - This is the impact of human activities measured in terms of the area of biologically productive land and water required to produce the goods consumed and to assimilate the wastes generated.
  • Renewable energy - Renewable energy is energy produced using natural resources that are constantly replaced and never run out.

Other considerations

Aside from the factors mentioned above, there are other considerations that you need to take note of when choosing the compliance option for your project. These include:

  • relevant Commonwealth, State and Territory building legislation and Australian Standards
  • Commonwealth anti-discrimination legislation
  • construction methods and buildability factors
  • heritage and environmental controls
  • work health and safety (WHS) policies and procedures.
A close view of a damaged wall

All building work in Australia must comply with the NCC, no matter how complex or how big. This is to make sure that buildings remain safe and durable. However, there are times when non-compliance happens.

Non-compliance can cause a lot of issues for your building project. One issue is related to the quality of your project. Failure to apply suitable construction methods can lead to building defects and affect the durability of your building.

Another non-compliance issue is related to the safety of the occupants. The NCC requirements are put in place to protect the occupants of the buildings you construct. As such, non-compliance can endanger building occupants, occupants of adjoining buildings, and even passers-by. In the worst-case scenario, it can cause injury or even death. 

NCC non-compliance penalties differ depending on the severity of the case and the state or territory legislation. Sometimes, only formal warnings are given. Other times, prosecution and substantial fines may be given instead.

The ABCC may also give you an exclusion sanction. During the exclusion period, you will not be allowed to tender for or be awarded Commonwealth-funded projects. An exclusion sanction may:

  • last for a period that the Minister deems appropriate, but no longer than a year; 
  • be subject to conditions that apply the exclusion sanction only to a division of businesses within a particular state/territory; or 
  • be extended to other entities if the Minister decides. 

NCC non-compliance can be assessed according to the relevant Assessment Methods. These are the following:

  • Evidence of suitability
  • Expert judgement
  • Verification methods
  • Comparison with Deemed-to-Satisfy Provisions.

All Assessment Methods must be documented to demonstrate that a compliance option complies with the relevant DTS Provision or Performance Requirement. You will need different documentation, depending on the Assessment Method used. However, at the minimum, the documentation should show the process of the Assessment Method used and evidence that the option complies with the relevant DTS Provision or Performance Requirement. 

An Appropriate Authority's responsibility is to determine what level of detail is required when documenting Assessment Methods. 

Remedial work for non-compliant buildings

Non-compliance does not always mean that an existing building is already unsuitable for its original purpose or that building elements are already unusable. Technical requirements change over time to make way for changes in the building and construction industry.

Sometimes, these changes result in less conservative requirements. This means that it is possible for existing buildings and elements to surpass current requirements.

To determine whether an existing building complies with the current requirements and whether there is a need for remedial work to address any identified deficiencies, you may follow the steps outlined below: 

A diagram explaining remedial work for non-compliant buildings

Step 1: Discover documentation

Finding relevant documentation about the original characteristics of an existing building must be done to understand the extent of work that you may have to do.

Examples of relevant documentation include:

  • building approval records
  • architectural design plans
  • structural design plans
  • building services plans
  • construction specifications
  • building maintenance records
  • heritage listings
  • planning controls and records.

These documents can be sourced from the following:

  • building's owner
  • building designer
  • relevant Appropriate Authority and local government authority (note that documentation from these sources is often limited)

Step 2: Undertake a site inspection

Building characteristics are features and qualities that are distinct from a building. This is not to be confused with building limitations, limiting the capabilities or restrictions of a building. 

Even if you already have complete documentation, you must not assume that this will match the actual characteristics of the existing building. Hence, you must still conduct onsite inspections to confirm. 

When conducting onsite inspections, take note of the characteristics of the building connected to the current requirements. For example, if the current fire safety requirements have changed, then document the fire safety elements in your building. 

There are various ways to go about doing this. In some cases, a simple visual inspection will suffice. For instance, you can easily see if the correct type of fire detector has been installed.

Other times, you may have to deconstruct and dismantle certain parts of the building to see the characteristics of the elements. This is necessary in cases where you must determine the extent of insulation in ceiling spaces or inspect pipes underground. In doing these kinds of activities, always get the consent of the building owner or representative first. 

The results of the inspection(s) must be properly documented in the form of written documents and/or photographs. 

Step 3: Identify potential deficiencies

Using the documentation of results from Step 2, Step 3 determines whether the level of performance of the characteristics of an existing building complies with current Performance Requirements. If the level does not comply, then this will be identified as a 'potential deficiency.'

In this step, it is also essential to identify the existing building's inherent strengths. You will need to determine whether these strengths are enough to compensate for the inherent weaknesses of the building. If not, then this weakness will be identified as a 'potential deficiency.' 

To understand this better, consider a building that has a lower level of passive fire protection (inherent weakness) but a higher level of active fire protection (inherent strength). After an assessment, you determined that the higher level of active fire protection compensated for the lower level of passive fire protection. This allows the building to still be able to meet the requirements for fire safety. Since this is the case, the lower level of passive fire protection will not be considered a potential deficiency. 

By the end of this step, you must have documentation of the comparison between the expected performance of the existing building and the current Performance Requirements. The documentation should also include any identified potential deficiencies. 

If you were able to confirm that all the characteristics comply with the relevant Performance Requirements, there is no longer a need for further analysis. However, if you found potential deficiencies, you must proceed to the supplementary process outlined in Step 4. 

Step 4: Determine actual deficiencies

This step aims to assess whether potential deficiencies can be considered actual deficiencies. This can be done using the appropriate Assessment Methods that will be discussed in Subchapter 2.5.

Before starting with the assessment, you must first specify the goals of upgrading an existing building because this would determine the extent of remedial work that you have to do. Some examples of goals are: 

  • to comply with an Order issued by a regulatory authority
  • to voluntarily upgrade a building to comply with the NCC
  • to ensure the safety of building occupants

Step 5: Alleviate actual deficiencies

Following the identification of actual deficiencies in Step 4, the appropriate measures of countering the deficiencies must be applied. You may choose among the compliance solutions in the NCC; in choosing the appropriate compliance solution, consider other relevant legislation that you need to follow.

A business professional looking intently at a computer screen while gathering project-related information

To guide parties interested in formulating simple or complex Performance Solutions, the ABCB has produced some guidelines to be followed. These guidelines are not mandatory or regulatory in nature. These are only meant to provide general information as to how the process typically goes. In following the ABCB guidelines, the organisational quality management system must be considered to achieve quality policies and objectives.

This short video published by ABCB explains how Performance Solutions are developed:

The ABCB guidelines are as follows:

A diagram explaining complex performance solutions

Step 1: Prepare a Performance-Based Design Brief (PBDB)

A Performance-Based Design Brief (PBDB) is a document that serves as a record of all the fundamental activities and outcomes of the Performance Solution design process, as agreed during the stakeholder negotiation process. When completed, the PBDB becomes the roadmap for the proposed solution.

The PBDP must adequately demonstrate that after designing the solutions and conducting assessment methods, the relevant NCC Performance Requirements have been achieved.

The contents of the final report of the PBDB typically include the following:

  • a summary of the proposal, including:
    • building type and function
    • height
    • location of the building
  • an explanation and description of the proposed solution
  • outline of the Performance Requirements that apply
  • the agreed analytical assessment process
  • the agreed acceptance criteria
  • required scope of supporting evidence
  • format and content of the final report
  • acknowledgement of participants.

Step 2: Carry out analysis, modelling or testing

To ensure compliance with the NCC, the proposed Performance Solution must be assessed using the appropriate Assessment Methods specified in the NCC.

The method of analysis, modelling, or testing must be chosen according to what is appropriate to the complexity of your project and carried out following what is agreed by stakeholders in the PBDB.

Some of the tools that you can use to evaluate the proposed Performance Solution include the following:

  • comparative or absolute analysis
  • qualitative or quantitative analysis
  • deterministic or probabilistic analysis
  • empirical calculations
  • in-situ or testing in a recognised laboratory
  • computer-aided modelling

Step 3: Collate and evaluate results

The results from the previous step must be collated for analysis. Results from multiple trials or design scenarios may have to be considered.

After the results are collated, an analysis will be carried out to form the conclusions for the final report. The results must meet the acceptance criteria agreed in the PBDB. In the evaluation, any uncertainties and sensitivities must also be considered.

If the results are either inconsistent or unable to meet the acceptance criteria, further analysis, modelling, or testing may have to be conducted.

Step 4: Prepare a final report

The final report is mandatory documentation that must clearly demonstrate compliance with the NCC Performance Requirements.

The final report commonly includes the following content:

  • an overview of the PBDB, including the following:
    • scope of the project
    • relevant stakeholders
    • applicable NCC Performance Requirements
    • approaches and methods of analysis
    • any assumptions made
    • acceptance criteria and safety factors agreed to by stakeholders
  • overview and outline of the analysis, modelling and/or testing carried out, including:
    • method of analysis used
    • calculations and outcomes
    • sensitivities, redundancies and uncertainty studies carried out
    • the results obtained and relevance to the PBDB
  • evaluation of results including:
    • comparison of results with acceptance criteria
    • further sensitivity studies undertaken if any
    • any expert judgement applied and its justification
  • conclusion including:
    • specifications of the final design that are deemed acceptable
    • the NCC Performance Requirements that were met
    • all limitations to the design and any conditions of use

The following documentation must be retained for a minimum 10-year period together with the relevant compliance certificate where applicable. The property owner must also be provided with complete copies of the Performance Solution, including the PBDB, plans, results, and final report. The information contained in the documentation will be used for future works such as repairs, servicing, alteration and/or maintenance.

This Performance Solution scenario has been developed and published by ABCB to assist building practitioners in formulating Performance Solutions concerning weatherproofing. This Scenario demonstrates the performance design process used when a cladding system is used for an external façade on a low rise office building. It specifically relates to NCC Volume One, Performance Requirement FP1.4 Weatherproofing. It is recommended that this is read in conjunction with the Performance Solution Process document.

At the end of the module, at the Additional Resources, you can access ABCB's Handbook for Performance Solution Processes.

Design professional

Design professionals are the architects, the sub-consultants of the architect, and the design consultants directly employed by the design-builder or project manager, including the engineers and technical specialists who provide design-related services.

Coverage for new construction work by design professionals can be submitted concurrently with final plans and sketches but before construction starts.

The design professional warrants to the owner that his design and the professional design services rendered for the project fairly comply with the program's purpose, comply with sound design standards generally used in similar situations by design professionals, and that a competent contractor will create the resulting design using acceptable construction methods.

Building professional

The building professional is responsible for:

  • correctly recording contracts
  • monitoring the project's development
  • reviewing and approving progress payments

Examples of building professionals are:

  • Soil scientist
  • Lawyers
  • Land surveyors
  • Architects
  • Quantity surveyor
  • Civil or structural engineers
  • Mechanical engineer
  • Electrical engineer
  • Constructors

Construction professional

In general, construction careers require a lengthy education and training period. It may take seven years, for example, to qualify as an architect, a time that alternates between education and practical work.

The word 'professional' in construction does not appear to include all professions. A quite broad but inaccurate distinction often made is that a 'professional' is primarily engaged in mental activity, while a 'tradesperson' is primarily engaged in physical labour. Highly skilled workers, such as carpenters, electricians, plumbers, steelworkers, and so on, rather than professionals, may be defined as 'trade' or 'craft' workers. However, in the context of this unit, the tradespersons listed previously may be considered construction professionals. These tradespersons will have a good repertoire of knowledge on the materials they will be working with.

Construction professionals serve as a resource to be consulted before and during the approval process and after all the approvals have been received, as the project implementing agent. Construction responsibilities involve supporting locations and their consultants, architects, engineers, project managers, and contractors from the outset of the project to its successful completion in technological and procedural matters. For a timely response, all requests for such assistance should be referred directly to the building professional. The construction professional serves as a resource to ensure that the project is expedited in the best interest of the location.

Communication methods

Identifying and understanding the different means of communication available to you is vital in developing strategies to engage with design, building, and construction professionals. The means of communication that you choose must be suitable for the information that you wish to convey.

A diagram showing types of verbal communication
Methods Description
Emails
  • electronic means of communication that tend to be more formal
  • optimal for sending files and detailed information
Face-to-face verbal communication includes delivery of instructions from one person to another, discussions during meetings and face-to-face negotiations
Video Conference
  • includes discussions made over video-calling software and smartphone applications
  • typically used when it is not possible to have face-to-face verbal communication due to distance and other logistical reasons
Two-way radio
  • also called walkie-talkies
  • effective for monitoring large project sites or multi-level building projects
Telephone contacts
  • refer to discussions made over the telephone
  • similar to video conference, this is typically used when you need to communicate with people in another location

Four types of Assessment Methods can be used to determine compliance with Performance Solutions and Deem-to-Satisfy Solutions. These are: 

  • Evidence of suitability
  • Expert judgement
  • Verification methods
  • Comparison with Deemed-to-Satisfy Provisions.

Different Assessment Methods can be used to determine whether a DTS Solution or a Performance Solution achieves the relevant Performance Requirements. These are discussed in the table below.

Assessment method Definition

Evidence of Suitability

This method is also known as 'documentary evidence.' This entails showing evidence that the use of material, plumbing, and drainage product or form of construction or design meets the Performance Requirements or a DTS Provision. Evidence may consist of one or more of the following:

  • a CodeMark Australia or CodeMark Certificate of Conformity for Volumes One and Two of NCC (for Volume Three, a WaterMark licence is used instead)
  • a Certificate of Accreditation or a Certificate of Conformity
  • a current certificate issued by a certification body (apart from the two mentioned above) accredited by the Joint Accreditation System of Australia and New Zealand (JAS-ANZ)
  • a report issued by an Accredited Testing Laboratory or a Registered Testing Authority
  • a report or certification from a professional engineer or another appropriately qualified person
  • other documents adequately showing suitability, such as but not limited to Product Technical Statements and detailed manufacturer's specifications

Any documentary evidence submitted must be a complete copy of the original certificate, report, or document.

IMPORTANT TO NOTE: The evidence of suitability varies slightly in each volume of the NCC. You must refer to the relevant volume for clarifications as to what is required.

At the end of the module, at the Additional Resources, you can access a sample CodeMark Certificate of Conformity.

Verification Methods

Commonly, Verification Methods include quantifiable or predetermined acceptable criteria that the given compliance option must achieve. There are different forms of Verification Methods, including:

  • Tests – verifies that a product or system reaches the required performance level using a technical procedure. It can be conducted either onsite or in a laboratory.
  • Inspections (or inspection reports) – typically a visual examination conducted by appropriately qualified persons to confirm that a certain component is constructed or installed according to the Performance Requirements.
  • Calculations – include analytical methods or mathematical methods.

The methods to be used are not limited to those listed in the NCC. Other methods, such as overseas codes or standards (e.g. ISO Standards), can also be used as long as an Appropriate Authority approves them.

At the end of the module, at the Additional Resources, you can access a sample of an engineering certificate where an insulation product has been tested for non-combustibility.

Expert judgement

An expert can either be a person or an organisation with the necessary skills and experience to make a judgement concerning NCC compliance. The legal definition of an expert varies per State and Territories. In cases where you are unsure who qualifies as an expert, you must consult with an Appropriate Authority.

The Appropriate Authority may refer to the following questions in deciding if a person or organisation can be recognised as an expert:

  • Does the person or organisation have current and relevant qualifications and experience?
  • Does the person or organisation have the experience that is appropriate to the given situation?
  • Does the person or organisation have the appropriate level of expertise consistent with the degree of complexity needed for the project?

Expert judgement documentation varies in complexity. It can range from a simple email explanation to a fully developed technical paper.

Comparison with DTS Provisions

This method applies to Performance Solutions. It involves doing a comparative analysis to determine whether Performance Solutions provide the superior or same level of health, safety, amenity, or sustainability as using the DTS provisions.

There must be a defined benchmark provided to the building surveyor. This method is done by subjecting both the DTS Solution and Performance Solution to the same level of analysis using the same methodology.

A stack of wood planks waiting to be used in a construction project

The evidence of suitability is a type of assessment method that involves obtaining evidence in the form of reports and certificates of conformity and accreditation. These forms of documentary evidence are issued by certification bodies, testing authorities, and other appropriate bodies. This subchapter will discuss the evidence of suitability that building materials and products must have to prove compliance with the NCC. 

Building materials are raw and unprocessed items used in construction, while building products are finished items used in construction. The form of evidence used must be appropriate to the material, device, type of construction, or design to be used. For example, the building envelope must meet the relevant standard to get a Certificate of Conformity.

At the end of the module, at the Additional Resources, you can access ABCB's handbook on evidence of suitability.

Building components 

A building component is simply a part of a building that constitutes a larger, more complex part of a building. Examples of building components are walls, floors, and ceilings.

Building components can be made of several different materials. Materials are raw items that make up a specific building component. Materials to be used for each component have their own properties and limitations depending on which building component it will be used for and on other factors such as environmental conditions and occupant activity.

You will find that the different types of building material you will use will have characteristics, properties, and limitations. The table below outlines examples of building components and materials that you will encounter and their characteristics, properties, and limitations. Characteristics are the external aspects of a material that can be confirmed through sight and/or feel. Properties are intrinsic aspects of a material that help construction professionals determine whether the material is appropriate for the component or not. Limitations are, simply put, cons that need to be taken into account when weighing options among materials to be used for components. 

Component Characteristic Property Limitation

Brick wall

  • Colour depends on a variety of factors such as type of clay used, firing temperatures, and additives used
  • Made of bricks that are generally rectangular in shape
  • Good thermal regulation
  • Durable
  • More expensive than some other options
  • Slower process to install

Precast concrete floor

Colour depends on a variety of factors, such as additives used

  • Fire resistant
  • Does not shrink
  • Does not rot
  • Can be prohibitively expensive
  • Very hard to modify once installed due to hardness 

Timber frame

Used for framing (Wall), ranges in sizing depending on spans and building design

  • Durable
  • Renewable
  • Easy to manipulate
  • Fire ratings can be troublesome
  • Building heights may be limited due to Fire and acoustic regulations 
Brick veneer (or masonry veneer)3 Brick veneer is a wall construction method where the outside face of the wall is brick and the internal is stud frame in either steel or wood.  
  • Generally, it is less expensive than double brick
  • The lightweight wall that reduces the cost of structural foundation requirements
  • It is easy to make alterations and renovations to internal walls
  • It is easy to add insulation between the veneer and frame
  • Doesn’t provide the best level of thermal transmission
  • If the frame is made of timber, there is a higher chance of termite attack
  • It can be noisy
Terracotta roof4 

Terracotta, which literally means 'baked earth' in Italian, is a type of clay-based ceramic which is used to create roof tiles.

It comes in a wide variety of colours and shapes. 

  • Terracotta is very hardy and has been known to last hundreds of years if it's treated right
  • It is waterproof  
  • Fire-resistant
  • Fragile  
  • Heavy – requests more robust structure 
  • May attract moss and lichen  

The most appropriate form of evidence of suitability to be used will vary depending on the specific circumstance. The forms of evidence have been arranged in a framework (shown below) to reflect a hierarchy of rigour, with the options listed higher providing stronger forms of evidence.

Demonstrates compliance with the National Construction Code CodeMark or CodeMark Australia Certificate of Conformity, or WaterMark licence as appropriate
Certificate of Accreditation
Certificate issued by a certification body
Report issued by an Accredited Testing Laboratory
Certificate or report from a professional engineer, recognised expert or other appropriately qualified person as appropriate
Other forms of documentary evidence such as but not limited to a Product Technical Statement
Adapted from Evidence of suitability handbook - figure 2.1 ‘NCC evidence of suitability framework’, © Commonwealth of Australia and States and Territories of Australia 2020, published by the Australian Building Codes Board

Certificate of conformity 

A Certificate of Conformity is a certificate that states an item or product meets the relevant standard. An independent review must be conducted to issue that certificate; however, it is up to the State, Territory or relevant authority to accept these certificates as suitable evidence.

CodeMark or CodeMark Australia

Under the CodeMark or CodeMark Australia schemes, only certification bodies accredited by the Joint Accreditation System of Australia and New Zealand (JAS-ANZ) can issue Certificates of Conformity. 

The CodeMark and CodeMark Australia schemes provide a nationally accepted process for demonstrating compliance with the NCC. Using the following schemes helps to: 

  • streamline and fast-track building approvals;
  • support the use of new or innovative building products and systems; and 
  • avoid having to repeat the assessment of products and systems with previously proven compliance with the NCC.

This is the most rigorous option for proving NCC compliance. It is usually used for materials or products that have high consequences for failure. 

At the end of the module, at the Additional Resources, you can access a sample CodeMark Certificate of Conformity.

Certificate of accreditation

This is issued by a state or territory accreditation authority under the relevant state or territory building legislation.

The Certificate of Accreditation contains the following:

  • verification that the properties and performance of a building component can fulfil specific requirements of the NCC
  • any conditions and limitations on the use of the building component

A building component is an individual element, subsystem or subassembly that can be combined or mixed with other components to produce a more complex object.

If you already have a Certificate of Accreditation and want to use it in another jurisdiction, you must first get the Appropriate Authority’s approval.

Certificate issued by a certification body

The JAS-ANZ accredits certification bodies or conformity assessment bodies (CABs). CABs can issue certificates under an industry-operated building product certification scheme. 
The certificates should contain the following key details:

  • issuance date of the certification
  • duration of validity
  • signature of the issuing body
  • other relevant information 

Reports issued by an accredited testing laboratory

An Accredited Testing Laboratory can issue a report certifying that a particular component has been proven suitable by an appropriate test. 

An Accredited Testing Laboratory can be any of the following:

  • a testing laboratory accredited by the National Association of Testing Authorities (NATA)
  • a laboratory accredited by an organisation with a mutual recognition agreement with NATA
  • an organisation recognised as being an Accredited Testing Laboratory under legislation at the time the test was undertaken

At the end of the module, at the Additional Resources, you can access a sample of an engineering certificate where an insulation product has been tested for non-combustibility.

Certificate or report from a professional engineer or other appropriately qualified person

In this option, a certification from professionals and experts can be accepted as long as:

  • it has a basis and can be subjected to scrutiny; and
  • it references relevant standards, specifications, software, or other publications.

A professional engineer (PE) is an engineer accredited to practise engineering by a state board of registration. The PE licence is the highest level of competence for the engineering profession and is a mark of accomplishment and quality assurance.

An appropriately qualified person can verify the suitability of a building component for a given application through experience, qualification, or both. Unless required by applicable law, this individual does not generally need to be licensed or registered by the state or territory authority.

Other forms of documentary evidence 

This documentation is the least rigorous option and often requires additional documentary evidence. Evidence under this option should:

  • suitably describe the subject of the document;
  • specify the conditions that the statement of verification relies on;
  • describe any limitations to the statement of verification;
  • refer to the construction and/or installation standards as necessary; and 
  • include a reference to any standards, test reports, specifications or other publications used in suitability verification.

Before submitting this as evidence, it must first be approved by the Appropriate Authority as suitable for determining compliance. This is typically used when the consequences of failure are low. 

A close view of a construction worker's hand as they record data into a logbook

Documentary evidence must include a copy of the original certificate, report, or document. Inspection documentation is sometimes needed as well, like a final inspection certificate. A  complete collection of evidence would include all the compliance requirements thoroughly documented. 

Part of developing good documentation is adhering to an organisation’s quality management system (QMS). A QMS is a system that records processes, procedures, and responsibilities for accomplishing policies and procedures that ensure quality operations in the organisation.

Effective implementation of the organisation’s QMS has numerous benefits to a building project, including:

  • clarifying standards and requirements;
  • minimising misunderstandings and potential conflict;
  • satisfying the requirements of the clients and instilling confidence in the organisation;
  • meeting the organisation’s requirements, including compliance with relevant regulations and provision of products and services in the most cost-effective and resource-efficient manner;
  • lowering costs by reducing waste;
  • minimising the potential for error; and
  • defining, controlling, and improving processes.

All organisations should develop their QMS according to their needs and goals, but the one thing they have in common is that each must maintain documentation of their QMS. Proper documentation serves as the foundation of QMS. It ensures that processes are correctly understood and consistently executed to deliver quality products or services to your clients. Some of the functions that a QMS documentation serves include the following:

  • communicating information to relevant people
  • providing evidence of conformity
  • allowing easy monitoring of processes
  • sharing knowledge that can be referred to by others in the future.

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