National Construction Code (NCC) 2022

The National Construction Code (NCC) is made up of three volumes. Volume 1 and 2 form the Building Code of Australia (BCA), and Volume 3 is the Plumbing Code of Australia (PCA). These documents make up the primary framework that sets minimum standards for new buildings and building work in the ACT. The NCC is reviewed every three years

Information on the NCC and current and previous versions is available at the Australian Building Codes Board website.

Adoption of the NCC in the ACT

In the ACT:

• the BCA is given effect through:
  • the Building Act 2004
  • the Building (General) Regulation 2008
  • the Building (ACT Appendix to the Building Code) Determination 2023 (No 3) which includes ACT variations to the BCA
  • the Building (General) (Alternative requirements for unaltered parts) Determination 2023 (No 2) which includes ACT variations to the BCA
• the PCA is given effect through the Water and Sewerage Act 2000 and the Water and Sewerage (ACT Appendix to the Plumbing Code) Determination 2023 (No 1) which includes ACT variations to the PCA

Historical versions of the above are available on the ACT Legislation Register.

NCC 2022

Building Ministers agreed to NCC 2022 in August 2022 and proposed commencement by states and territories in 2023.

The Australian Building Codes Board (ABCB) has provided guidance on the NCC 2022 provisions. For more information:

• Communique from August 2022 Building Ministers meeting
• ABCB announcement of NCC 2022 changes
• ABCB website

Implementation of NCC 2022 in the ACT

The Minister for Sustainable Buildings and Construction, Rebecca Vassarotti MLA approved the adoption in the ACT of the significant reforms in NCC 2022. The bulk of the provisions in NCC 2022 came into effect in the ACT from 1 May 2023 and the remaining provisions commenced in the ACT on 15 January 2024.

Provisions adopted from 15 January 2024 include:

• Residential energy efficiency (increasing the minimum level of thermal performance of new homes to the equivalent of 7 stars and a new whole of home energy use budget)
• New and improved condensation management provisions
• Commercial building energy efficiency (requiring certain buildings to have features that facilitate the future installation of on-site renewables and electric vehicle charging)
• Liveable housing design (making houses more accessible for more members of the community).

The ACT adoption of NCC 2022:

• requires all building approvals determined on or after 1 May 2023 and on or before 14 January 2024 to comply with:
  • NCC 2022 and any variations contained in the ACT appendix, except for the liveable housing and energy efficiency and condensation mitigation provisions
  • BCA 2019 Amendment 1 in respect to energy efficiency and condensation mitigation. Compliance can be to NCC 2022 where that also meets the requirements that were set out in the BCA 2019 Amendment 1 and the energy efficiency and condensation mitigation provisions set out in Schedule 1 of the Building (ACT Appendix to the Building Code) Determination 2023 (No 2) and the Building (General) (Alternative Requirements for unaltered parts) Determination 2023 (No. 1)
  • Note: if using the NatHERS compliance pathway for thermal energy efficiency, the current (NCC 2019) accredited NatHERS software tools and certificates must continue to be used until 15 January 2024
  • Note: there were no liveable housing provisions prior to NCC 2022 and its adoption of those provisions in the ACT on 15 January 2024.
  • Note: that building work that did not require a building approval that was started on or after 1 May 2023 and on or before 14 January 2024, needs to comply with the above.
• requires all building approvals determined from 15 January 2024 to comply with NCC 2022 and any variations contained in schedule 2 of the Building (ACT Appendix to the Building Code) Determination 2023 (No 3, regulations or other instruments issued under the ACT’s building regulatory system, including the Building (General) (Alternative requirements for unaltered parts) Determination 2023 (No. 2)
• require all building work that does not require a building approval started on or after 15 January 2024 to comply with the BCA 2022 and any variations contained in schedule 2 of the Building (ACT Appendix to the Building Code) Determination (No. 3), regulations or other instruments issued under the ACT’s building regulatory system including the Building (General) (Alternative requirements for unaltered parts) Determination 2023 (No. 2)
• require all plumbing plan approvals determined on or after 1 May 2023 to comply with NCC 2022 and any variations contained in the Water and Sewerage (ACT Appendix to the Plumbing Code) Determination 2023 regulations or other instruments issued under the ACT’s building regulatory system; and
• require all plumbing work that does not require plumbing plan approval started on or after 1 May 2023, to comply with PCA 2022 and any variations contained in the Water and Sewerage (ACT Appendix to the Plumbing Code) Determination 2023.

More information for industry is available in the following Papers:

• NCC 2022 Industry Information Paper – Building Code of Australia [180.5 KB]
• NCC 2022 Industry Information Paper – Plumbing Code [184.3 KB]

Energy Efficiency Certificates under NCC 2022

• To support the adoption of the new energy efficiency provisions in NCC, minor amendments have been made to provisions in the Building Act 2004 and Building (General) Regulation 2008 in relation to energy efficiency certificates. See the Building and Construction Legislation Amendment Act 2023 and the Building (General) Amendment Regulation 2023. These amendments clarify the processes associated with the production of energy efficiency certificates and which ones are required to be produced by a licensed building assessor. Where the above are silent, the NCC requirements apply as to what is evidence of compliance with the NCC.
• Consequential to these amendments a new Construction Occupations (Licensing) (Building Assessor Software Endorsements) Determination 2023 has been issued.
• An updated Code of Practice for Building Assessors producing energy efficiency rating statements for the ACT’s Energy Efficiency Rating Disclosure Scheme, the Construction Occupations (Licensing) Building Energy Efficiency Assessment Sale and Lease of Residential Premises Code of Practice 2024, has been made and came into effect on 15 January 2024. The Code of Practice has been updated to:
  • ensure consistent application of terminology across the ACT Energy Efficiency Rating Disclosure Scheme;
  • align with the terminology used throughout the building code;
  • provide clarity of definitions and obligations;
  • make clear distinctions between the software used for EER statements and Nationwide House Energy Rating Scheme (NatHERS) software used for building approval purposes;
  • remove outdated sections dealing with building code transition arrangements from 2012;
  • simplify when an energy efficiency certificate can be used as the EER Rating statement for new premises;
  • remove unnecessary requirements for statutory declarations as a red tape reduction measure; and
  • replace references to the Tree Protection Act 2004 with the Urban Forest Act 2023, which commenced on 1 January 2024.

More information

For more information on the NCC visit the ABCB website or ask a question by emailing EPSDDBuildingReform@act.gov.au or contact us.