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Energy Efficiency and the Law

Chapter 2: Apply Building Codes and Standards

Produced by Pointsbuild in partnership with the Master Builders Association of NSW

Supported by the NSW Government as part of the Energy Efficiency Training Program — visit savepower.nsw.gov.au

Energy Efficiency and the Law___________________________________________________________________________________

Copyright and disclaimer The Office of Environment and Heritage and the State of NSW are pleased to allow this material to be used, reproduced and adapted, provided the meaning is unchanged and its source, publisher and authorship are acknowledged. The Office of Environment and Heritage has made all reasonable effort to ensure that the contents of this document are factual and free of error. However, the State of NSW and the Office of Environment and Heritage shall not be liable for any damage which may occur in relation to any person taking action or not on the basis of this document. Office of Environment and Heritage, Department of Premier and Cabinet59 Goulburn Street, Sydney NSW 2000PO Box A290, Sydney South NSW 1232Phone: (02) 9995 5000 (switchboard)Fax: (02) 9995 5999TTY: (02) 9211 4723Email: [email protected]: www.environment.nsw.gov.au

Unit of Competency: CPCCBC4001A 2

Table of contents2 Apply building codes and standards......................................................................................1

2.1 Introduction..................................................................................................................................1

2.2 Sustainability: The government background...............................................................................1

Performance and construction....................................................................................................1Ecologically sustainable development........................................................................................1Low-rise buildings........................................................................................................................2Type A and Type B construction.................................................................................................2

2.3 Building codes, standards and regulations.................................................................................2

National Construction Code (NCC).............................................................................................3Structure of the NCC...................................................................................................................4Performance requirements for low-rise projects.........................................................................8Deemed-to-satisfy (DTS) provisions...........................................................................................9Alternative solutions to design or construction problems............................................................9Performance based solutions....................................................................................................11Compliance with performance requirements or DTS provision.................................................11Relevant Australian standards..................................................................................................12

2.4 Conclusion.................................................................................................................................12


2 Apply building codes and standards

2.1 IntroductionThis chapter looks at the application of building codes to the construction of low-rise developments, with a focus on sustainability measures. In order to understand sustainability and its importance to the National Construction Code (NCC), this chapter begins with ecologically sustainable development and the approach of governments throughout Australia. The application of sustainability is addressed by looking at the goals of the NCC and how the ‘rules’ are actually applied, including a look at the flexibility of the rules to ensure the goals are met.

2.2 Sustainability: The government background

Performance and constructionThe construction of low-rise buildings requires the builder to have knowledge of the building codes and standards relevant to the project. Increasingly, construction of low-rise buildings requires that the project perform to minimum standards designed to improve the energy efficiency and sustainability performance of dwellings and commercial buildings in Australia.

A thorough knowledge of the purpose and contents of the National Construction Code (NCC) (formerly the Building Code of Australia (BCA)) and the ability to interpret codes and standards to a specific project is required. Builders need to know who is responsible for ensuring that certain design aspects are satisfied at the completion of the project.

Ecologically sustainable developmentEnergy efficiency and sustainability has been identified as an important issue by the Australian Building Codes Board (ABCB). The ABCB is established by agreement between the Australian Government and each State and Territory Government. It is a co-operative arrangement between the signatories, Local Government and the building industry.

Reform of regulations and industry across Australia is generally coordinated by the Council of Australian Governments (COAG)1. The National Strategy for Ecologically Sustainable Development (NSESD) was endorsed by Heads of Government in 1992. The NSESD provides broad strategic directions and framework for governments to direct policy and decision-making.

Australia's National Strategy for Ecologically Sustainable Development (1992) defines ecologically sustainable development as: 'using, conserving and enhancing the community's resources so that ecological processes, on which life depends, are maintained, and the total quality of life, now and in the future, can be increased'.

1 The Council of Australian Governments (COAG) is the peak Inter-Governmental forum in Australia, comprising the Prime Minister, State Premiers, Territory Chief Ministers and the President of the Australian Local Government Association (ALGA)



Since 1997, the NCC has had a performance-based approach to regulation and this has included sustainability factors. In 2004, the NCC was published annually as a two volume edition. In 2011, the National Construction Codes Series was established. In order to gain national consistency, the performance-based criteria allow for the construction of buildings that best suit their local climatic conditions. There are 8 broad climate zones across Australia.

Low-rise buildingsLow rise constructions will include:

class 1 or class 10 buildings - BCA Volume 2 and relevant state code variations

class 2 to 9 buildings – BCA Volume 1

with a floor area not exceeding 2000 m2

not including Type A or Type B construction

Type A and Type B constructionThe type of construction (ie. A, B or C) generally refers to:

the class of the building

the number of storeys in the building

hence the requirements for fire resistance rating and fire safety of the building.

Type A construction is the most fire-resistant and Type C the least fire-resistant of the Types of construction.

Table 2.1 Type of Construction Explained

Rise in storeys Class of Building2, 3, 9

Class of building5, 6, 7, 8

4 or more A A

3 A B

2 B C

1 C C

2.3 Building codes, standards and regulationsThe legislation that governs all technical building matters varies in each state but under this Act the National Construction Code is called up as the 'Building Rules' applicable in each state and territory.

The Regulations in each state (Appendix 3) also introduces rules that must be followed during the development process. Levels of fines and penalties exist for failing to comply with these regulations.



The Building Codes are a systematic set of laws or rules while Standards are a required or specified level of excellence.

There are a range of documents that control building planning and development across Australia as follows

National Construction Code (NCC)The National Construction Code (NCC) is a national performance-based building code that presents the minimum technical building regulations for design, construction and performance in Australia. It is accepted through State and Territory legislation as the primary technical standard for their building regulation system.

The NCC is produced on a twelve monthly cycle and each new edition contains changes from previous editions and becomes law on May 1 or when adopted by the States or Territories.

Note - In May 2011, the National Construction Code (NCC) was rolled out, replacing the Building Code of Australia:

Goals of the NCCThe goals of the BCA are to deliver minimum acceptable standards of:

structural safety

safety from fire

sustainability

health and amenity



Maintaining the NCCThe Australian Building Codes Board (ABCB) is responsible for the continuing development of the NCC. It was established in 1994 by agreement between the Australian Government, each State and Territory Government, local government, signatories and the building industry.

The ABCB’s mission is to achieve national consistency in community expectations of safety, health and amenity in the design, construction and use of buildings through nationally consistent, efficient and cost effective technical building requirements and regulatory systems.

The Board comprises —

the Australian, State and Territory Governments' principal officer responsible for building regulatory matters;

a representative of the Australian Local Government Association (ALGA); and

industry representatives.

The Building Codes Committee (BCC) is the peak technical advisory body to the ABCB, with responsibility for technical matters associated with the BCA. The BCC comprises—

the Executive Director of the ABCB;

one nominee each of the Australian, State and Territory Governments' and ALGA members of the ABCB; and

industry members appointed by the ABCB.

Notes are prepared by the ABCB to assist NCC users. The ABCB annually amends the NCC. In conjunction with the amendment the ABCB prepares notes that provide a description of changes from the previous edition of the NCC. These notes can be found on the ABCB website.

Structure of the NCCThe NCC is published in three volumes.

Volume One: relates primarily to Class 2 to 9 buildings (commercial sector), plus some issues relating to Class 10 buildings

Volume Two: relates to Class 1 and Class 10 buildings (domestic sector), plus some Class 10 structures

Volume Three: relates to plumbing guidelines

The structure of the NCC is shown in Figure 2.1.



Figure 2.1 Structure of the NCC

The structure of the NCC is in four levels but only one level is mandatory.

Table 2.2 Explanation of levels

Guidance Levels

Objectives - aim to reflect community expectations

Functional Statements - describe how a building achieves the Objectives

The Objectives and Functional Statements provide guidance when interpreting the NCC and should not be used to assess compliance with the NCC.

Compliance Levels

Performance Requirements MANDATORY Building Solutions

- Deemed-to-Satisfy (DTS)- Alternative Solutions- Combination of both

Energy efficiency and sustainability have both been noted in the Objectives and Functional Statements.

The NCC as a written documentThe NCC refers to Applications and Limitations. These terms are merely used to show when an Objective, Functional Statement and Performance Requirement applies or does not apply.

The term “to the degree necessary” also appears frequently. This phrase is used to show that provisions can differ according to various elements which appropriate authorities may take into consideration when assessing building applications.



For instance, it could be argued that if the fire compartment of a building is quite small then perhaps it is not necessary to install a fire-hose reel system. This is borne out by the Deemed-to-Satisfy Provision which states that such a system is only compulsory in a building having a floor area greater than 500m2.

Relevant performance requirementsNo NCC provision can be considered in isolation. Any departure from the Deemed-to-Satisfy (DTS) Provisions for an Alternative Solution needs to be assessed against the relevant Performance Requirements within the relevant NCC Section or Part.

Additionally, the proposed Alternative Solution may also impact on other Performance Requirements in other NCC Sections or Parts. Thus, these additional Performance Requirements need to be considered in relation to the subject Alternative Solution

Regulation within the building industryThe content of the different building regulation systems across each Australian State and Territory is reasonably similar.

The need for building work to be regulated is to manage the following:

protection of people

protection of property

promotion of sustainable development

main sources of risk to life

health and amenity issues

acceptable levels of risk

assessment of rigorous cost/benefit analyses

establishment of minimum standards.



Building regulation systems usually include two types of regulation:

Administrative Regulations

Examples of Administrative Regulations include:

powers and responsibilities of parties

assessment procedures

referrals, objections and appeals

inspection and certification processes

offences and penalties

adoption of the NCC.

Technical Regulations

Examples of Technical Regulations include:

design and construction requirements for buildings and structures

building requirements such as –

Protection of adjoining property during construction

Hoardings to protect the public

Signage to warn the public of hazardous materials.

State and territory legislation and building codes

There are legislative acts and regulatory requirements for the building and construction industry that need to be applied in addition to the building regulations, codes and standards listed above.

Key relevant legislation for the building and construction industry is often based on state and territory legislation. Some legal areas that affect building work you may perform include:

Area AreaPlanning and development Gas installationsBuilding work contractors Historic buildingsFlammable liquid storage HousingHealth Care buildings Lift installationsFood Service buildings Movable dwellingsAccommodation Occupational Health & Safety

Asbestos removal Sanitary plumbing, water supply & sewerage

Crown land septic tank and grey water installationElectrical installations subdivision of property

Fences waste management and environmental protection

Fire prevention in existing buildings

State and territory variations and additionsEach State’s and Territory’s legislation adopts the NCC subject to the variation or deletion of some of its provisions, or the addition of extra provisions.

In the Volume Two, Housing Provisions, these are divided into two types:



(a) A variation to the Housing Provisions — these are identified following the clause that is being varied.

(b) Additional requirements — these are contained in NCC Volume Two, Appendix A

Performance requirements for low-rise projectsThe Performance Requirements listed in the NCC are mandatory. All new buildings must be designed to comply with all appropriate Performance Requirements. The compliance with NCC Performance Requirements is required by governments to achieve community expectation.

The means of compliance with a Performance requirement is termed a 'Building Solution' of which there are two parts:-

Deemed to Satisfy provisions and

Alternative Solutions

A builder or designer may choose to design the building based upon compliance with the performance requirement through the use of the DTS provisions, or an alternative solution or both.

A performance based code has many benefits.

Improve cost efficiency

Improve constructability

Incorporate innovation

A building designer may choose to comply with the performance requirement by using either the DTS provisions or Alternative Solution or by a combination of both.

Performance requirements may need to include:

those contained within other legislation applicable to a specific project

performance requirements of the NCC determined to be relevant to a specific project

performance-based contractual requirements that must be fulfilled by any party

Two examples of Performance Requirements to satisfy NCC Volume Two are outlined below:

Performance requirement – building sealing

P2.6.1 states that a building “must have, to the degree necessary a level of thermal performance to facilitate the efficient use of energy for artificial heating and cooling”. This can be satisfied with the sealing of a window if the air filtration of the closed window complies with AS 2047.

Performance requirement - Services

Insulating sanitary hot water service piping can satisfy the performance requirement of P2.6.2. The NCC is focussed at reducing greenhouse gas emissions. Increasing energy efficiency by insulating hot water pipes increases the operational savings in a home as well as reducing greenhouse gas emissions.



Deemed-to-satisfy (DTS) provisionsThe NCC provides a range of building solutions that are optional and are called Deemed-to-Satisfy as they are deemed to satisfy the mandatory performance provisions.

Performance based regulations provide flexibility in the building industry by allowing alternate acceptable options to standard practice. DTS provisions allow for building standards to be practiced that were legislated prior to the NCC.

DTS provisions make up the bulk of the NCC and if used are accepted as conclusive proof of compliance.

A Building Solution which complies with the Deemed-to-Satisfy Provisions is deemed to comply with the Performance Requirements.

For example – Blockwork walls (energy efficiency of the building envelope)

Certain blockwork wall products and systems are deemed to satisfy the NCC. In particular, products can show that they satisfy NCC Table 3.12.1, 3(b) options for external walls with a surface density not less than 220kg/m2. Many manufacturers have released specifications showing that use of their products will satisfy the NCC.

Alternative solutions to design or construction problemsAlternative Solutions are how to comply with the NCC without using DTS provisions and provide a means of meeting the performance requirement by a method that is at variance to the deemed to satisfy provisions. Their use may delay the design and approval process as proof of compliance with the Performance Requirement will be required.

The use of an Assessment Method as prescribed in the NCC will be satisfactory.

Alternative Solutions may be used to:

incorporate innovation

address anything different to Deemed–to–Satisfy.

An Alternative Solution must be assessed and verified by an appropriate certifying authority. If the certifying authority is not satisfied that the applicant has demonstrated compliance then the proposal for the Alternative Solution is not approved.

For example: - building projects on heritage buildings might involve significant difficulties with existing features and building envelopes.

For Alternative Solutions, it might be necessary to consider including the installation of new sustainability measures such as energy efficient HVAC, hot water systems, water tanks and other energy efficient systems that may offset some of the less energy-compliant fabric and features of the heritage building.

There is a degree of flexibility within the NCC. However, when using an Alternative Solution, it is important to ensure that it complies with all parts of the NCC.



Assessment methods for alternative solutionsA building solution must comply with the Performance Requirements. The following Assessment Methods, or any combination of them, may be used to determine compliance

Forms of Evidence

Forms of evidence include:

Reports from a registered testing authority

Certificate from a professional engineer

A current Certificate of Conformity.

Refer to the NCC Volume 2, Part 1.2.2.

Verification Methods

The verification methods are:

Listed in the NCC,

Include others that are acceptable to an appropriate authority

the third form of a Verification Method might include:

o calculations using analytical methods or mathematical models;

o tests using a technical procedure, either on site or in a laboratory, to directly measure the extent

o performance requirements are achieved; or any other method, including an inspection (and inspection report).

Comparison with Deemed-to-Satisfy - As listed in the NCC

Expert Judgment

Assessment Methods are the means by which a building proponent proves that an application for a building permit meets all requirements.

NCC Assessment Methods include a method which accords with the requirements of NCC Volume 1 - A2.2;

All Verification Methods must:

be acceptable to the Appropriate Authorities eg. the local council etc

use Assessment Methods to determine whether an application has met all requirements. For example, when processing a building consent, authorities might check to see that a qualified expert has offered an opinion, and, most importantly, found the application to comply with the NCC. This is just one of many options available



Performance based solutionsPerformance-based solutions for low rise are identified and documented in accordance with NCC requirements and organisational quality procedures and processes

Performance based solutions that allow for facility and technology improvements to be made within existing budgets are usually designed to reduce operating costs while providing the additional value of new, energy efficient equipment. Through innovative performance based solutions, clients can be advised that investments will be paid off in the future through considerable energy savings

Private Certifiers are able to assess Performance Based design solutions in order to achieve cost effective solutions to a building project without compromising the performance objectives of the Building Code.

For example, From a heritage viewpoint, possibly the most beneficial way of achieving compliance for alterations and additions to existing heritage buildings is to develop an Alternative Solution. Using this approach, the retention of perceived thermally inefficient building fabric for heritage reasons may be considered if it can be compensated by innovative design strategies.

Compliance with performance requirements or DTS provisionAssessment methods referenced in the NCC to determine whether a building solution complies with performance requirements or DTS provision of the NCC are analysed and applied

evidence of suitability as described in the NCC

expert judgement as defined in the NCC

verification method as defined in the NCC

In order to comply with the provisions of the NCC for Classes 2-9 the following method must be used to determine the Performance Requirement or Performance Requirements relevant to the Alternative Solution:

(a) Identify the relevant Deemed-to-Satisfy Provision of each Section or Part that is to be the subject of the Alternative Solution.

(b) Identify the Performance Requirements from the same Sections or Parts that are relevant to the identified Deemed-to-Satisfy Provisions.

(c) Identify Performance Requirements from other Sections and Parts that are relevant to any aspects of the Alternative Solution proposed or that are affected by the application of the Deemed-to-Satisfy Provisions, that are the subject of the Alternative Solution



Relevant Australian standards

Standards Australia define a Standard as:

A Standard is a published document which sets out specifications and procedures designed to ensure that a material, product, method or service is fit for its purpose and consistently performs in the way it was intended.

There are nearly 200 Australian Standards that are ‘called up’ by the NCC. These Standards must be observed whenever they are relevant to a building, a construction activity, a material or other component being used on a particular project.

Builders are expected to be aware of and comply with the relevant Australian Standards. Standards provide advice on building and construction work and plant and equipment safety. There are over 200 Australian Standards referenced in the NCC – see Volume 1 Section A1.3 or Volume 2 Part 1.4.

For Australian Standards commonly used in commercial buildings see Appendix B

2.4 ConclusionIn this chapter, we have covered off the background to sustainability from a government perspective, and its application to building in Australia. The National Construction Code is the set of rules that allow the sustainability (and other) goals of the Australian Building Codes Board to be applied to construction projects.

You can now appreciate that sustainability need not be burdensome and in fact can be applied with a certain amount of flexibility under the NCC. This knowledge will now enable you to better consult with potential clients and architects ensuring that the dwellings you build have a better ongoing performance for future occupants.


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