Consultation RIS: Process for the development of Performance Solutions

Closed 22 Mar 2020

Opened 24 Feb 2020

Feedback updated 22 May 2020

We asked

We asked for your feedback about a proposal to ensure that all building and plumbing Performance Solutions are developed and documented using an appropriate, nationally-consistent process by mandating the process contained in the ABCB’s ‘Development of Performance Solutions’ guideline.

You said

We received 51 responses to the proposal.

Some of you raised concerns that the process would be too onerous for simple Performance Solutions, and that the problem lies with poor enforcement rather than poor regulation. Many believed the number of Performance Solutions used in commercial buildings was under estimated in the Consultation RIS. 

We did

We clarified the rigour of the proposed process was designed to be commensurate with the complexity of the solution. We assessed the potential for better building outcomes and higher confidence in the building regulatory system under higher rates of use of Performance Solutions and contemporary examples of failure.

Results updated 22 May 2020

In May 2020, the ABCB agreed to include in the Governing Requirements of NCC 2019 Amendment 1 of the NCC a process for the development and documenting Performance Solutions. This Amendment which will take effect from 1 July 2021, requires all Performance Solutions be subject to the process to an extent commensurate with the complexity and risk of the design. The process is based on the ABCB’s Development of Performance Solution Guideline, published in 2014. Its inclusion is part of a package of measures aimed at ensuring compliance and enforcement systems deliver buildings that meet the objectives of the NCC and that confidence in building regulatory systems is improved.

The RIS concludes that application of the process to all NCC topics (Option 2) would be most complete and more effective in addressing the problem. Costs are considered small in the context of the potential benefits of achieving the objective of adequately demonstrating compliance with the NCC in a nationally consistent manner, transparency and accountability. Under this option the required benefits to offset costs are higher yet considered more readily achievable than under alternatives considered.

The ABCB prepared the final Decision RIS and it was assessed as compliant by the Office of Best Practice Regulation under Council of Australian Governments RIS requirements.


Published responses

View submitted responses where consent has been given to publish the response.


In September 2019 the Australian Building Codes Board (ABCB) sought views from stakeholders on how Performance Solutions are currently prepared and if they are consistent with the intent and objectives of the National Construction Code (NCC). The feedback from this survey has been used to inform the development of draft NCC provisions and a Consultation Regulation Impact Statement (RIS).

The Consultation RIS is now available for public consultation. It examines a proposal that seeks to mandate the process in the ABCB’s ‘Development of Performance Solutions’ guideline to ensure that all building and plumbing Performance Solutions are developed and documented using an appropriate, nationally-consistent process. It focusses on analysing the marginal impacts of changing current practice for assessing and documenting Performance Solutions, as well as the administrative burden.

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Important information

NCC users should be aware that the outcome of consideration of the Final Decision RIS will not be known when the NCC 2019 Amendment 1 Preview is made available in March 2020. Please consider the proposed changes published in the Consultation RIS relating to A2.2 (4) Performance Solution and NCC 2019 Amendment 1 Preview as draft content. NCC 2019 Amendment 1 is expected to be adopted by States and Territories from mid-2020 following consideration by the Board of the Final Decision RIS.

Why your views matter

The ABCB believes meaningful consultation can promote trust between industry, the community and government and is interested to hear the views of stakeholders on the Consultation RIS. Questions have been included to guide respondents on specific matters where more information may assist the Final Decision RIS.

Responses to questions on the Consultation RIS are invited until 11:59PM AEDT Sunday 22 March 2020. Only comments submitted using the online form will be considered.

What happens next

Responses to the Consultation RIS questions will be used by the ABCB Office inform the Final Decision RIS. This will assist the Board and its committees in the assessment of the options proposed.


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