NCC 2022 and the DA: what the planner needs from the builder

A development application in NSW is assessed against planning controls under Section 4.15 of the Environmental Planning and Assessment Act 1979, not against the National Construction Code. NCC 2022 compliance for a Class 1a house or duplex is checked by the certifier at construction certificate stage under Part 6 of the Act, using Volume Two and the ABCB Housing Provisions Standard. What the town planner needs from the builder at DA stage is the information that sits between the two systems: accurate heights and levels, the BASIX certificate and its commitments on the drawings, a realistic estimated development cost, and a design that will not have to change to meet Part H6 energy efficiency, Part H8 livable housing or the bushfire construction level. This article sets out the split for builders working on houses, knock-down rebuilds and dual occupancies across Sydney and regional NSW.

Who this is for: builders and estimators preparing a house or duplex for DA lodgement who want to know exactly what to hand the town planner, what can wait for the certifier and how to avoid a redesign between DA and CC.

What does the DA assess, and what does the CC assess?

Section 4.15(1) of the Environmental Planning and Assessment Act 1979 lists the matters a consent authority must consider when determining a DA: the environmental planning instruments (the LEP and the SEPPs), the development control plan, any planning agreement, the regulations, the likely impacts on the natural and built environment and on the amenity of the locality, the suitability of the site, submissions and the public interest. Building code compliance is not on that list, and the Regulation deliberately keeps it out so that DAs are assessed on planning merit.

Construction is dealt with under Part 6 of the Act. Section 6.4 lists the kinds of certificates (construction certificate, occupation certificate, subdivision works certificate, subdivision certificate and compliance certificate) and Section 6.6 sets the requirements before building work can commence: a development consent in force, a construction certificate issued, a principal certifier appointed and the required notices given. The construction certificate is where the certifier confirms the plans and specifications comply with the Building Code of Australia, which is the technical name for Volumes One and Two of the NCC. The certifier also checks that the CC plans are consistent with the development consent, and that is the hinge between the two stages.

The practical consequence is that the town planner is not asking the builder to demonstrate NCC compliance in the DA. The planner is asking for a design that is fixed enough that the CC drawings will match it.

Which parts of NCC 2022 apply to a house or duplex?

A detached house, a townhouse and each dwelling in a dual occupancy is a Class 1a building. Garages, sheds and carports are Class 10a and pools are Class 10b. NCC 2022 Volume Two covers Class 1 and Class 10 buildings and is structured as Section A (governing requirements) and Section H (Class 1 and 10 buildings), with the following parts:

• Part H1 Structure
• Part H2 Damp and weatherproofing
• Part H3 Fire safety
• Part H4 Health and amenity
• Part H5 Safe movement and access
• Part H6 Energy efficiency
• Part H7 Ancillary provisions and additional construction requirements
• Part H8 Livable housing design

Volume Two carries the performance requirements and the deemed-to-satisfy pathways. Most of the acceptable construction detail now sits in the ABCB Housing Provisions Standard 2022, whose Sections 2 to 13 cover structure, site preparation, footings and slabs, masonry, framing, roof and wall cladding, glazing, fire safety, health and amenity, safe movement and access, ancillary provisions and energy efficiency. NSW also has state variations and additions inside Volume Two; for example NSW deletes the H6V2 reference building verification method. Builders should read the NSW-specific text, not the generic clauses, when scoping a NSW job.

How do the NCC 2022 energy provisions interact with BASIX in NSW?

Part H6 of Volume Two has two performance requirements. H6P1 (thermal performance) limits the heating, cooling and total thermal energy loads of the house to the figures in Specification 44. H6P2 (energy usage) requires the energy value of the domestic services to be no more than 70 per cent of a reference baseline. Under H6D2, deemed-to-satisfy compliance is achieved either by the energy rating method, using house energy rating software under Specification 42, or by the elemental method in Parts 13.2 to 13.7 of the Housing Provisions for buildings of 500 square metres or less, with whole-of-home requirements in Parts 13.6 and 13.7.

In NSW, residential energy and water performance is regulated through BASIX under State Environmental Planning Policy (Sustainable Buildings) 2022. Clause 2.1 of that policy applies the standards in its Schedules to BASIX development, Clause 2.2 makes any competing thermal or energy provision in an LEP or DCP of no effect, and the standards were raised on 1 October 2023 to a thermal performance level the Department describes as equivalent to 7 star NatHERS. The BASIX certificate is a DA document: it must accompany the application for any BASIX affected development, the commitments must be shown on the plans, and the certifier checks them again at CC and before the occupation certificate. The NSW variations to Volume Two direct BASIX affected buildings to BASIX for the thermal and energy matters BASIX covers, so a builder should treat the BASIX thermal assessment, not a generic 7 star rating, as the energy compliance path for a NSW house, and confirm with the certifier how the remaining Part H6 and Part 13 items (such as services and sealing) are to be documented.

The DA-stage implication is simple. The BASIX thermal assessment depends on orientation, window sizes, glazing, insulation and floor construction. Change any of those between DA and CC and the certificate has to be re-run, and if the changes alter the external appearance or height the council needs a Section 4.55 modification as well.

What does the town planner need from the builder at DA stage?

The DA package is set by Schedule 1 of the Environmental Planning and Assessment Regulation 2021 and the council’s lodgement requirements. From the builder, the planner needs:

1. Site plan and floor plans with the footprint fixed, including garage, driveway, rainwater tank, air conditioning units and hot water unit locations, because the BASIX commitments and the DCP setbacks depend on them.
2. Elevations and sections showing existing and finished ground levels and ridge heights to Australian Height Datum, so the planner can prove compliance with the LEP height of buildings clause and DCP wall heights. Heights measured from an assumed datum are the most common reason for a request for information.
3. Cut and fill volumes and retaining wall heights, which affect both the DCP earthworks controls and the Part H1 structural design later.
4. The BASIX certificate with the commitments annotated on the plans (window schedule, insulation, hot water, rainwater tank, fixtures).
5. A genuine estimated development cost under Section 251 of the Regulation, which drives the DA fee, the planning reform fee and any Section 7.12 levy; for projects over $3 million a quantity surveyor’s report is expected.
6. The bushfire attack level where the land is bushfire prone, because the BAL sets the AS 3959:2018 construction level and the planner must show that the setbacks and asset protection zones in Planning for Bush Fire Protection 2019 are achievable.
7. A stormwater concept plan showing the discharge point, on-site detention where the council requires it, and roof and surface drainage to AS/NZS 3500.3, since the certifier will later require the detailed design to match the DA concept.
8. External materials and colours, because the DCP streetscape controls and any heritage or scenic protection clause are assessed on them.

What the planner does not need is the framing schedule, the slab design, the waterproofing details or the energy elemental calculations. Those are CC documents and adding them to the DA only creates inconsistency risk.

DA stage versus CC stage: who checks what

Where builders lose time between DA and CC

The first pattern is a “DA set” of drawings prepared quickly to get the application in, followed by a “construction set” that moves the slab up 300 millimetres for drainage, enlarges the garage and swaps windows for the thermal assessment. Each of those changes can push the ridge over the LEP height, breach a DCP setback or invalidate the BASIX certificate, and the certifier cannot issue a CC that is inconsistent with the consent. The second is ignoring livable housing at DA stage. Part H8 requires a step-free path from the street or parking space to the entry and a level entry, so on a sloping block the driveway grade and the floor level shown in the DA must already allow for it. The third is treating the estimated development cost as a placeholder; a low figure at DA can be challenged under Section 251, and a low figure at CC understates the Section 7.12 levy and the long service levy, both of which are recalculated on the real contract value. The fix for all three is a single coordinated set of drawings, reviewed by the planner and the certifier’s checklist before lodgement, so that the DA design is the design that gets built.

Definitions

Class 1a building

Under the NCC classification, a single dwelling that is a detached house, or one of a group of attached dwellings such as a row house, terrace or townhouse, each being a separate building separated by a fire-resisting wall. Each dwelling in a dual occupancy is Class 1a.

Deemed-to-satisfy solution

A prescribed way of meeting an NCC performance requirement. For houses, most deemed-to-satisfy provisions are in the ABCB Housing Provisions Standard, referenced from Volume Two.

Performance solution

An alternative design shown to meet the relevant performance requirement by assessment methods set out in the NCC, prepared by an appropriately qualified person and accepted by the certifier.

Construction certificate

A certificate under Part 6 of the EP&A Act confirming that the construction plans and specifications comply with the Building Code of Australia and are consistent with the development consent. Building work cannot lawfully start without it.

BASIX certificate

The certificate issued through the NSW Planning Portal’s BASIX tool that records the water, energy and thermal performance commitments for a dwelling, required with a DA or CDC application for BASIX affected development under the Sustainable Buildings SEPP 2022.

Estimated development cost

The genuine cost of carrying out the development as defined in the EP&A Regulation 2021, used to calculate DA fees, the planning reform fee and Section 7.12 levies; the consent authority may reject a figure it considers not genuine.

URBA works alongside builders and certifiers to make sure the DA set is the set that gets built, preparing statements of environmental effects that lock in heights, levels and BASIX commitments before lodgement. See our statement of environmental effects service and our DA or CDC pathway advice, or request a fee proposal for your next project. For BASIX and NatHERS certificates, our sister company NatHERS Pro can assist.