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NCC compliance pathways are the three ways an Australian building design can satisfy the National Construction Code: a Deemed-to-Satisfy (DTS) Solution, a Performance Solution, or a combination of both. DTS follows the applicable prescriptive provisions. A Performance Solution demonstrates that the relevant Performance Requirements are met, or that the design is at least equivalent to the applicable DTS provisions.
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The correct pathway depends on the code edition and provisions adopted in the project’s state or territory, the building’s characteristics and the design issue being resolved. The Australian Building Codes Board (ABCB) maintains the NCC, while state and territory governments regulate its application. A building certifier can help with site-specific questions, but the project team remains responsible for assembling evidence and documentation appropriate to the adopted requirements.
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At a glance
| Name | Best for | Key spec | Checked |
|---|---|---|---|
| Deemed-to-Satisfy Solution | Designs that can follow the NCC’s prescriptive provisions | Meet every applicable DTS provision | November 2026 |
| Performance Solution | Designs that need a different approach or require a reasoned performance assessment | Demonstrate the relevant Performance Requirements, or equivalence to DTS provisions | November 2026 |
| Combination Solution | Projects where some parts are prescriptive and others need performance-based assessment | Apply the relevant pathway to each defined part and document interfaces | November 2026 |
The table is a practical summary, not a substitute for checking the NCC and the requirements adopted by the responsible state, territory or local authority.
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What are the NCC compliance pathways?
The NCC recognises three compliance approaches. A DTS Solution follows all applicable DTS provisions. A Performance Solution uses a documented assessment to show that the relevant Performance Requirements are met, or that the proposed design is at least equivalent to the applicable DTS provisions. A Combination Solution uses DTS for some parts of the work and a Performance Solution for others.
The governing provisions in NCC 2022 Volume One establish the framework. The pathway is not selected simply because one option appears quicker or more innovative. It must fit the requirements that apply to the building, the scope of work and the jurisdiction in which the project is located.
| Comparison point | DTS Solution | Performance Solution | Combination Solution |
|---|---|---|---|
| Basis | Applicable prescriptive DTS provisions | Demonstration against relevant Performance Requirements, or equivalence to DTS provisions | DTS and Performance approaches used for defined parts |
| Assessment methods | Evidence of suitability and, where appropriate, Expert Judgement | Evidence of suitability, Verification Methods, Expert Judgement and comparison with DTS provisions | Methods applicable to each part |
| Main process | Identify and satisfy every applicable provision | Identify requirements, consult stakeholders, analyse, evaluate and report | Define the boundary, then document both approaches and their interfaces |
| Documentation emphasis | Show how each provision is met and retain supporting evidence | Record the brief, methods, analysis, acceptance criteria, conclusion and limitations | Make responsibilities and interfaces between pathways unambiguous |
How does a Deemed-to-Satisfy Solution work?
A DTS Solution works by following the specific prescriptive provisions that apply to the building and the work. When those provisions are met, the solution is deemed to satisfy the relevant Performance Requirements; a separate performance demonstration is not normally needed for that same scope.
Start by confirming the applicable NCC edition, volume, sections and state or territory variations. Then map every part of the design to the relevant DTS provisions. “Nearly compliant” is not a DTS result: an omitted dimension, unapproved material substitution or unaddressed interface can take the affected work outside the prescriptive pathway.
A practical DTS checklist
- Confirm the regulatory baseline. Identify the project’s jurisdiction, building classification, scope and adopted NCC edition. Check whether the authority has made variations or additional requirements.
- List the applicable provisions. Record the clauses, tables, referenced standards and conditions that apply to each relevant element.
- Coordinate the design. Check that architectural, structural, services and construction details do not conflict. A compliant detail in one discipline can be undermined by a penetration, finish or substitution elsewhere.
- Collect evidence of suitability. Keep the certificates, test reports, manufacturer documentation or other evidence needed to show that products and systems are suitable for their intended use.
- Record departures. If a design cannot follow a provision, identify that boundary early. The affected scope may need a Performance Solution or a revised DTS detail.
DTS is often easier to communicate because the requirements are prescriptive, but it is not automatically the least expensive or fastest option. Redesigning a project to fit a provision can create cost or coordination work, while a Performance Solution can require specialist analysis and more extensive reporting. The certifier and design team should assess the actual project rather than assume that one pathway always wins.
When should a project use a Performance Solution?
A Performance Solution is appropriate when the proposed design does not follow one or more DTS provisions, when the DTS provisions do not address the design adequately, or when the team needs to establish that an alternative arrangement achieves the required level of performance. It is not a general exemption from the NCC and it is not an automatic approval of an innovative product.
The solution must identify the relevant Performance Requirements, including related requirements affected by the design. The assessment then needs a transparent chain from the requirement, through the chosen method and acceptance criteria, to the conclusion. The process should be agreed early enough that the design brief, analysis and evidence can influence the design rather than merely justify a finished decision.
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What steps does the NCC Performance Solution process require?
- Identify the relevant Performance Requirements. Define the design issue precisely and include any connected requirements that could be affected. A change intended to solve one issue may alter fire safety, health, access, energy efficiency, structural or other performance outcomes.
- Prepare a performance-based design brief. Consult the relevant stakeholders and document the problem, proposed solution, assessment methods, assumptions, acceptance criteria, responsibilities and information needed. Stakeholders can include the owner, designers, engineers, builder, certifier, authorities and specialist advisers, depending on the project.
- Carry out the analysis described in the brief. Use the agreed method and inputs. If assumptions, geometry, products or operating conditions change, record the change and determine whether the analysis or brief must be revisited.
- Evaluate the results against the acceptance criteria. A result is meaningful only in relation to the criteria set in the brief. Explain whether each relevant Performance Requirement is met and identify uncertainty, sensitivity or conditions that affect the conclusion.
- Prepare the final report. List the requirements and assessment methods, describe the steps taken, state the compliance conclusion and record conditions or limitations. The report should be usable by the certifier, construction team and future building operators who need to understand what was assessed.
The ABCB’s Surveyors and Certifiers resources page lists a Performance Solution Process handbook and an Evidence of Suitability handbook for NCC 2022, both dated September 2024. They provide practical guidance, but they do not replace checking the project’s adopted requirements or obtaining the jurisdictionally required certification.
Which assessment methods can support a Performance Solution?
The NCC identifies more than one way to assess a Performance Solution. The appropriate method depends on the requirement, the design question and the quality of information available; a single project can use several methods.
- Evidence of suitability: Documentary evidence supporting the use of a material, product, form of construction or design for the relevant NCC requirement and intended application.
- Verification Methods: The NCC’s recognised methods for verifying that a design meets a Performance Requirement. The method, inputs and limits need to match the issue being assessed.
- Expert Judgement: An appropriately qualified expert’s reasoned assessment where that method is suitable. The report should explain the basis, experience and information supporting the judgement.
- Comparison with DTS provisions: A reasoned comparison showing that the proposed solution is at least equivalent to the applicable DTS provisions. The comparison should address the performance objective, not just isolated dimensions or appearances.
“Using an expert” or “having a product certificate” does not, by itself, establish compliance. The evidence must be relevant to the requirement, the proposed use and the project conditions, and it must be incorporated into the documented assessment.
What evidence of suitability is needed?
Evidence of suitability supports the use of a material, product, form of construction or design against a relevant NCC requirement. The evidence should identify what was assessed, under what conditions, for which intended use and with what limitations. The NCC 2022 evidence provisions include CodeMark certification among several categories of documentary evidence.
For a product or system, assemble the evidence that matches the claimed performance. Depending on the requirement, that may include a certificate, test or assessment report, manufacturer documentation, an engineer’s design or another recognised document. Check that the evidence covers the actual product, installation configuration, substrate, exposure, duration and other conditions relevant to the project; a document for a different configuration may not support the proposed use.
CodeMark Australia explains its certification process and says Certificates of Conformity can be issued for products that need to comply with the NCC. Certification cost depends on factors including the quality of supporting evidence and evaluation complexity. A CodeMark certificate is evidence to consider for the relevant use and project, not universal approval for every installation or every NCC provision.
How this affects architectural finishes and painting work
Painting is often a finish, but a coating or paint system can also form part of a design claim. For example, a specified coating might be relied on as part of a fire, durability, moisture, hygiene or other performance outcome. The applicable requirement and evidence determine what must be demonstrated; the fact that a product is marketed for a particular purpose does not by itself establish NCC compliance.
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Where a finish is simply decorative and the DTS provisions already cover the relevant construction, the project may remain on a DTS pathway. Where a coating, substrate or application method is unusual or is relied on for a regulated performance outcome, the design team should identify the requirement, confirm the evidence and involve the certifier early. Do not assume that a certificate for one substrate, thickness or environment transfers to another.
How does a Combination Solution work?
A Combination Solution divides the project into defined parts: one part follows DTS provisions while another is assessed as a Performance Solution. The combination is legitimate, but the boundary must be explicit and the interfaces must be coordinated.
For example, a project might use DTS provisions for ordinary construction details while a specific façade, fire-separation junction, access arrangement or product substitution is assessed through a Performance Solution. That example does not decide which pathway applies to a real project; the relevant requirements and jurisdiction must be checked.
Documenting the boundary
- Identify the exact elements, rooms, systems or details covered by the Performance Solution.
- List the DTS provisions that continue to apply outside that scope.
- Explain how the Performance Solution affects adjacent DTS work, including penetrations, junctions, supports, finishes, services and construction sequencing.
- State any conditions that must be maintained during construction or operation.
- Give the certifier and builder a single coordinated set of drawings, specifications and reports so that the assessed design is not changed accidentally.
A combination approach can reduce unnecessary analysis, because only the non-DTS portion needs a performance assessment. It can also increase coordination risk if the interface is vague. The documentation should make it possible for someone reviewing the completed building to tell which pathway supports each relevant element.
Who is responsible for applying the NCC?
The ABCB develops and maintains the NCC. State and territory governments are responsible for applying and regulating it, and some functions may be carried out by local government. That division means the same design question can require different procedural checks depending on location, adopted edition and local approval arrangements.
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- Jurisdiction: Identify the state or territory and any local authority involved.
- Edition: Verify the NCC edition adopted for the project and the date from which it applies.
- Variations: Check state, territory and local variations, referrals and approval conditions.
- Project scope: Confirm the building classification, new-work or alteration scope and any existing-building provisions.
- Certification route: Ask the responsible building certifier what documents and approvals are required for the proposed pathway.
The ABCB’s Getting help with the code guidance points readers to building certifiers for site-specific project questions. A certifier can explain the approval process and review the submitted evidence, but project-specific advice should be based on the actual drawings, specifications, jurisdiction and adopted code.
How should a project team choose between DTS and Performance?
Start with compliance, not preference. The team should first identify the requirement and test whether the design can satisfy the applicable DTS provisions without compromising the project. If not, define the affected scope and determine whether a Performance Solution can be assessed with reliable evidence and an agreed acceptance criterion.
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A decision framework
- Can every applicable DTS provision be met as designed? If yes, document the DTS route and supporting evidence. If no, identify the specific departure rather than labelling the whole project “performance-based.”
- Is the departure material to a Performance Requirement? Map the affected requirement and related requirements. If the design change has no relevance to a regulated outcome, confirm that conclusion with the certifier rather than assuming.
- Is there a suitable assessment method? Consider available Verification Methods, evidence of suitability, expert capability and a defensible comparison with DTS provisions.
- Can the acceptance criteria be agreed before analysis? If stakeholders cannot agree what constitutes an acceptable result, the brief is not ready for analysis.
- Can the assessed design be built and maintained? Include construction tolerances, installation instructions, inspection points, product substitutions and operating conditions in the brief and final report.
- Would a combination reduce risk? Keep straightforward portions DTS and isolate the genuinely non-prescriptive issue, provided the interfaces can be clearly documented.
A Performance Solution is not automatically better, cheaper or more flexible in practice. It can enable a design that DTS provisions do not accommodate, but it also creates analysis, consultation, reporting and record-keeping obligations. DTS can be simpler to verify, but forcing an unusual design into prescriptive details can create its own cost and coordination problems.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What should the final compliance file contain?
The final file should allow an independent reviewer to understand what was proposed, which requirements applied, what evidence was used and what conditions remain. The exact submission format is jurisdiction-dependent, but a robust project record commonly includes:
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- A schedule identifying each DTS provision and each Performance Requirement affected.
- Drawings and specifications showing the assessed design, including interfaces and installation details.
- The performance-based design brief and stakeholder consultation record.
- Analysis files, calculations, modelling inputs, Verification Methods and expert reports.
- Product certificates, test reports and other evidence of suitability, with scope and limitations.
- Acceptance criteria and a clear evaluation against each criterion.
- The final Performance Solution report, including conditions, assumptions, limitations and required inspections or maintenance.
- Records of revisions, substitutions, site instructions and certifier comments.
Keep the approved documentation aligned with what is actually built. A compliant report can be undermined if the installed product, thickness, fixing, substrate or operating condition differs from the assessed arrangement without a documented review.
What are common NCC pathway mistakes?
Starting with a product instead of a requirement
A product brochure may describe a capability, but the compliance question is whether the product and installation satisfy the relevant NCC requirement in the proposed use. Define the requirement first, then ask whether the available evidence addresses it.
Calling an alternative design “DTS”
If a design departs from an applicable prescriptive provision, do not describe it as DTS merely because it appears equivalent. Identify the departure and determine whether a Performance Solution or a revised detail is needed.
Writing the brief after the analysis
An undocumented acceptance criterion makes it difficult to show why a result is sufficient. Agree the performance-based design brief with stakeholders before analysis and update it transparently if the design changes.
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A solution focused on one issue can affect other Performance Requirements. The process should identify related requirements at the outset and explain how the assessment addresses them.
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Treating a certificate as universal approval
Certificates and reports have a scope. Check the product, configuration, installation, conditions and relevant requirement; do not extend the evidence beyond what it supports.
Using the wrong code edition
The ABCB has published an NCC 2025 preview draft, but a preview is not proof that NCC 2025 has been adopted for a particular project. Confirm the edition and commencement arrangements with the responsible jurisdiction before relying on draft text.
Where can you get project-specific help?
For a site-specific question, begin with the building certifier responsible for the approval pathway. Provide the project location, adopted NCC edition, building classification, drawings, the exact design issue and any proposed evidence. A focused question is more useful than asking whether the entire project is “compliant.”
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For process background, use the ABCB’s NCC 2022 Volume One, the Surveyors and Certifiers handbooks and the Getting help guidance. Engage specialist designers, engineers or experts where the chosen assessment method requires technical analysis. The certifier can indicate what must be submitted and whether other authorities or referrals are involved, while the project team must ensure the final design and construction match the documented solution.
Frequently Asked Questions
Is a Performance Solution approved by the ABCB itself?
The ABCB maintains the NCC, but project approval and regulation are handled through the relevant state or territory framework, with local government functions where applicable. A building certifier or responsible authority assesses the project documentation under that framework; there is no general ABCB approval that replaces the project’s certification process.
Can a CodeMark certificate be used for any installation of the product?
No. A Certificate of Conformity is evidence for the certified scope and intended use. Check its conditions, installation configuration and relationship to the project’s NCC requirement before relying on it.
What if the design changes after a Performance Solution is issued?
Have the change reviewed against the performance-based design brief, acceptance criteria and final report before construction proceeds. A change to a product, dimension, interface or operating condition may require updated analysis, evidence or certifier approval.
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A preview draft is not evidence that the edition has been adopted for your project. Confirm the legally applicable edition, commencement date and jurisdictional variations with the relevant state or territory authority or building certifier.
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