Using NCC 2022 prior to 1 May 2023

Ministers decided that NCC 2022 will come into effect on 1 May 2023 subject to transition periods for energy efficiency, condensation mitigation, and livable housing provisions, which come into effect on 1 October 2023.

Although NCC 2022 is available, until its adoption on 1 May 2023 it is still necessary to meet the requirements of NCC 2019 Amendment 1.

In many aspects, a design prepared using NCC 2022 will meet the requirements of NCC 2019 because many provisions in NCC 2022 match or exceed relevant provisions of NCC 2019. For example:

• A 1.8 m barrier at the edge of an outdoor play space for an early childhood centre complying with NCC 2022 Volume One G1D4(b)(i) meets the requirement of NCC 2019 Volume One G1.3(b) to be at least 1.2 m tall.
• Blocking provided to a wall alongside a toilet in a Class 1a dwelling in accordance with Part 6 of the Livable Housing Design Standard meets NCC 2019 Volume Two, which does not require blocking.
• Goings and risers dimensioned in accordance with D3D14 of NCC 2022 Volume One meet the requirements of NCC 2019 Volume One, because the dimensions found in D2.13 of that volume are identical.

However, in some instances a design prepared using the Deemed-to-Satisfy Provisions of NCC 2022 will not meet the Deemed-to-Satisfy Provisions of NCC 2019. For example, C2D10 of NCC 2022 Volume One provides a concession that permits certain thermal breaks in external wall systems of Type A and Type B construction to be combustible (C2D10(f)(ii)). This concession does not appear in NCC 2019 Volume One.

Therefore, until NCC 2022 is adopted on 1 May 2023, combustible thermal breaks for external wall systems cannot be specified without the preparation of a Performance Solution. Never-the-less, the analysis for such a Performance Solution is made easy because NCC 2022 constitutes evidence that a thermal break that meets the criteria of NCC 2022 Volume One C2D10(f)(ii) meets the relevant Performance Requirement (C1P2 in NCC 2022 Volume One, which correlates with CP2 of NCC 2019 Volume One).

This principle applies to other Performance Solutions, although it should be noted that some Performance Requirements have been amended for NCC 2022. In these cases consideration of NCC 2022 can assist in demonstrating that relevant Deemed-to-Satisfy Provisions of NCC 2022 meet the correlating Performance Requirements of NCC 2019, however only to the extent that the Performance Requirement of NCC 2022 meets or exceeds the level of performance set by NCC 2019.

State and territory legislation stipulates which edition of the NCC applies to a particular project. Therefore, the information contained in this article is to be read with consideration to how state or territory legislation affects which edition of the NCC is to be used.

We recommend you check with your building authority for local advice on transitional provisions.

• New South Wales
• Victoria
• Queensland
• Western Australia
• South Australia
• Tasmania
• Australian Capital Territory
• Northern Territory