Change of use and tenant fit-outs in NSW: what disability access upgrades the new work triggers

In NSW, fit-out or change-of-use building work in an existing building must meet the Premises Standards and NCC access provisions for the new part. It usually also brings in the affected part: the principal pedestrian entrance and the accessible path from it to your tenancy. Some concessions apply, especially for tenants in multi-tenant buildings. Check before you sign the lease.

Current NSW work is assessed against NCC 2022 Amendment 2 until NSW adopts NCC 2025 on 1 May 2027. The Premises Standards reference AS 1428.1:2021 from 29 July 2025. This is general information, not legal advice on leases or planning.

Quick answer: three layers on an existing-building job

1. New work: the new part complies (Premises Standards + NCC 2022 Amendment 2 Part D4/F4; AS 1428.1:2021).
2. Affected part: the principal pedestrian entrance plus the continuous accessible path to the new part (Premises Standards s2.1(5)).
3. Planning layer on a change of use or a big alteration: the consent authority must consider fire safety under EP&A Regulation 2021 s62. It may require the building to be brought into total or partial BCA conformity under s64. That is not access-specific.

What is the "affected part"?

Under section 2.1(5) of the Disability (Access to Premises — Buildings) Standards 2010, when there is a new part in an existing building, the affected part is the principal pedestrian entrance and any part of the building necessary to provide a continuous accessible path of travel from that entrance to the new part.

Example (illustrative): a café fit-out in a ground-floor tenancy at the back of an arcade. The arcade's principal entrance and the path to the café door come into scope, even though the tenant is not building them.

The concessions that can take the entrance off your scope

Lessee concession (s4.3)

If the lessee of a new part applies for approval, the affected-part upgrade is not required of the certifier, developer or manager. This does not apply where the building is leased to only one person. In a multi-tenant centre the individual lessee may be excused from the entrance upgrade; the sole tenant of a whole building is not.

Existing passenger lift (s4.4)

An existing lift that travels more than 12 m with a floor of at least 1100 × 1400 mm is excused from the larger 1400 × 1600 mm floor size. Other lift provisions still apply. Confirm the exact wording in the current Standards.

Existing accessible toilet (s4.5)

An existing accessible sanitary compartment that complies with AS 1428.1-2001 and sits in the new part is excused from re-doing it to the current edition for the listed items. See disabled toilet regulations NSW for current setout.

Small buildings: no lift or ramp to upper storeys (NCC D4D4(f))

Class 5, 6, 7b or 8; not more than 3 storeys; each non-entrance storey not more than 200 m². This removes the ramp or lift only, not other access features. See D4D5 exemptions for the worked mezzanine example.

These are written concessions. They are different from unjustifiable hardship, which is a defence.

Restaurants, cafés and shops (Class 6)

Class 6 includes cafés, restaurants, hairdressers and showrooms. Access is required to and within all areas normally used by the occupants (NCC D4D2(6) and Access Code Table D3.1).

Common items: entrance and threshold, dining areas including raised or sunken zones, counters (see reception counters AS 1428), accessible sanitary facilities where provided or required (see toilets page), mezzanine or upstairs dining (apply the D4D4(f) test), outdoor dining on the footpath (council rules apply in addition to NCC).

Common fails on fit-outs: a step at the shopfront left because it is existing, a counter with no lowered section, the accessible toilet used as a store, a platform for raised dining with no access.

Re-purposing a vacant shop: when the classification changes

Illustrations only:

• Shop to café: often stays Class 6, but sanitary provision changes.
• Shop to medical or allied-health clinic: confirm the class with the certifier.
• Shop to gym: Class 9b. See gym classification access.

A change of classification changes which access and sanitary provisions apply. It can also open the s62/s64 planning layer.

DA, CDC or CC: when the access report is needed on a fit-out

Some fit-outs and changes of use can proceed as complying development (CDC); your certifier will confirm the pathway. See DA vs CC access report and access audits and plan assessments.

When the entrance can't be made compliant

Use a Performance Solution with the PCA. For heritage shopfronts, see heritage access Performance Solutions. For residual shortfalls, see unjustifiable hardship.

Before you sign the lease: a six-point access check

1. Is there a step or steep ramp at the principal pedestrian entrance?
2. Is the building multi-tenant or single-tenant (the s4.3 test)?
3. Is there an existing accessible toilet, and to which edition (s4.5)?
4. Is any trading floor upstairs, and how big is it (the 200 m² test under D4D4(f))?
5. Does the new use change the building classification?
6. Who will carry the cost of entrance and path works under the lease? This is a commercial and legal question; get lease advice.

A pre-lease access review from Sydney Access Consultants can map these before you commit.

What to send Sydney Access Consultants

Lease plan or survey, photos of the entrance and path, proposed fit-out plans, intended use and seating numbers, any council or certifier correspondence. Call (02) 9586 3111. Work is based in Hurstville. On the Mid North Coast, Sandy Grey works from Black Beach.

Related: when you need an access consultant, what certifiers want, NCC 2025 in NSW, inclusive office fit-out, upgrade inaccessible entrances.

Frequently asked questions

Does a tenant fit-out trigger a disability access upgrade to the building entrance in NSW?

Often, yes. New building work in an existing building must comply with the Premises Standards and the NCC access provisions. It usually also brings in the affected part: the principal pedestrian entrance and the continuous accessible path from it to the new work. There is a concession when a lessee applies for approval for their own tenancy in a building with more than one tenant. It does not apply where the building is leased to only one person.

What is the affected part under the Premises Standards?

The affected part is the principal pedestrian entrance of an existing building that contains a new part. It also covers any part of the building needed to give a continuous accessible path of travel from that entrance to the new part. In practice it can bring a stepped shopfront, an arcade entry or a lobby into a fit-out's scope, even though the tenant is not otherwise building there.

Do I need a lift to an upstairs dining area or mezzanine in a small café or shop?

For Class 5, 6, 7b or 8 buildings not more than three storeys, where each non-entrance storey is not more than 200 m², NCC D4D4(f) can remove the requirement for a ramp or lift to the upper storeys. Other access features still apply. Check the exact floor areas and classification with your certifier.