The Building Code of Australia is comprised of Volumes One and Two of the National Construction Code (NCC) and is used to assess a development application for building consent.
South Australia’s commitment to NCC certainty
In August 2024, the Premier of South Australia announced a ‘10-year moratorium’ on NCC provisions that may impede housing affordability as part of the commitment to addressing housing supply and affordability issues.
This means that minimum requirements set in NCC 2022 for:
- energy efficiency (thermal performance) of Class 1 (homes) and Class 2 (apartments) will remain at the 7-star equivalent level
- livable housing design of Class 1a (homes) and Class 2 (apartments) will remain at the ‘silver’ level.
The moratorium is not intended to compromise the health and safety of homeowners or the community, or apply where proposed changes would not incur additional cost.
We are currently reviewing potential impacts associated with NCC 2025.
NCC 2022 updates
The Building Ministers Meeting (BMM) oversee the Australian Building Codes Board (ABCB) who have the primary role of publishing the NCC.
BMM met in August 2022 and agreed that the new NCC 2022 edition will be published on 1 October 2022, and subject to transition arrangements the NCC will have a national adoption date of 1 May 2023.
ABCB have released a second stage preview containing the final provisions that were resolved for the increased stringency for residential energy efficiency and the additional condensation mitigation measures.
The energy efficiency and livable housing provisions are among the significant changes to the NCC that will have considerable impact on the construction industry. The Building Ministers considered transitional arrangements for these requirements and have agreed that they will commence nationally on 1 October 2023. This means that although the new NCC will be in effect nationally from 1 May 2023, the energy efficiency provisions from NCC 2019 Amendment 1 will be able to be used up until 30 September 2023.
Further information is available on the Building Ministers Meeting in the Communique and on the ABCB website in relation to the NCC.
In South Australia the Building Code is adopted as part of the Building Rules under the PDI Act and variations to the Code may be gazetted by the Minister.
The unique circumstances facing South Australia required the National Construction Code (NCC) 2022 provisions to be tailored to our state by introducing a longer transitional period for some provisions.
In accordance with the national decision, the main provisions were adopted on 1 May 2023 in South Australia. This includes all provisions except for the livable housing and energy efficiency provisions, with related condensation management requirements.
The transitional arrangements reflect the current building and construction environment in SA including challenges of market capacity, supply chain disruption and workforce uncertainty, along with the additional pressures that the River Murray floods rebuilding effort have placed upon the sector.
Following the Ministerial Liaison Group meeting on 6 November 2023, the Minister for Planning confirmed agreed outcomes of the NCC 2022 Implementation Working Group, which were the result of a significant amount of effort by all involved.
The livable housing design and energy efficiency provisions apply to new homes in South Australia from 1 October 2024.
Ministerial Building Standard MBS 007 Modifications to the Building Code of Australia outlines how the NCC 2022 livable housing and energy efficiency provisions apply to new building work in South Australia.
MBS 007 (Amendment 1) addresses editorial errors and omissions and provides further clarification on the energy efficiency requirements for Class 2 buildings and the livable housing design standards for sanitary compartments and shower areas. Amendment 1 was gazetted on 6 September 2024.
To assist industry with the transition to the new provisions, MBS 007 (Amendment 2) clarifies the requirements for lodgement of applications, and delays the implementation of the new provisions for alterations and additions to existing Class 1 buildings until 1 May 2025. Amendment 2 was gazetted on 26 September 2024.
MBS 007 (Amendment 3) removes the Class 9 bushfire protection requirements in Volume One of NCC 2022 until state-based bushfire-related initiatives are completed. No changes were made in relation to the NCC modern homes provisions. Amendment 3 was gazetted on 12 December 2024.
The livable housing and energy efficiency provisions apply to new building work to existing homes in South Australia from 1 May 2025.
A new Ministerial Building Standard MBS 013 Application of NCC modern homes provisions to existing Class 1 buildings (MBS 013) has been developed to specify how the energy efficiency and livable housing provisions apply to alterations and additions to existing homes.
NCC 2019 Amendment 1 energy efficiency (6-star equivalent) provisions will continue to apply as the minimum standard in South Australia for alterations and additions to existing homes until 30 April 2025.
Further information on the new provisions, the transitional arrangements and MBS 013 is available on the NCC 2022 modern homes provisions page.
Documents
About this document
The National Construction Code of Australia (NCC) is published and maintained by the Australian Building Codes Board.
Volumes One and Two form the Building Code of Australia, and Volume Three forms the Plumbing Code of Australia, which is managed under other legislation and administered by the Office of the Technical Regulator.
The NCC is a uniform set of technical requirements for building work throughout Australia that allows for variations for climate and geological or geographic conditions.
It is given legal status through building laws and regulations in each state and territory.
It sets out minimum requirements for health and safety, amenity, accessibility and sustainability in design and construction of new buildings and new building work in existing buildings.
