D4D5 exemptions for warehouses and industrial buildings: what NSW access reports need to show
The certifier asks which areas you are claiming are exempt under NCC D4D5, and why. This page answers that for NSW Class 7b warehouses, Class 8 factories and the Class 5 office components that sit with them. A D4D5 exemption is a case-by-case judgement the Principal Certifier has to accept. It is not a box you tick on a plan.
NSW building work is assessed under NCC 2022 Amendment 2 until NCC 2025 is adopted on 1 May 2027. The D4D5 wording in the adopted NCC 2022 text is materially the same idea as NCC 2025: inappropriate purpose, health or safety risk, and paths that serve only those areas. Edition timing is on NCC 2025 in NSW. Where AS 1428.1 applies, the Premises Standards reference AS 1428.1:2021 from 29 July 2025. The difference between the 2009 and 2021 editions is on AS 1428.1:2009 and AS 1428.1:2021.
D4D5 in plain English
NCC Volume One clause D4D5 (2019 numbering: D3.4) says the following areas are not required to be accessible:
- An area where access would be inappropriate because of the particular purpose for which the area is used.
- An area that would pose a health or safety risk for people with a disability.
- Any path of travel providing access only to an area exempted by those two limbs.
- In a farm building and a bulk grain storage facility, access need not be provided to any area if access would be inappropriate because of the particular purpose for which the area is used.
On a warehouse or factory, the first limb is the usual one. A loading dock used for vehicle manoeuvring and freight, a plant and equipment room, or a foundry floor can be inappropriate for access because of what happens there. The second limb is the health or safety argument: the area itself would put a person with disability at risk. The third limb only covers the path that serves nothing else. If that stair or aisle also reaches an office, lunchroom or trade counter, the path is not exempt.
The ABCB Guide to D4D5 lists rigging lofts, waste containment areas, foundry floors, loading docks, fire lookouts, Class 8 electricity network substations, plant and equipment rooms and similar areas. It says assessment is on a case-by-case basis. Nothing in the clause stops a designer providing more access than the minimum.
The Disability (Access to Premises - Buildings) Standards 2010 Access Code clause D3.4, in the compilation dated 23 November 2024, uses the same three national limbs: inappropriate purpose, health or safety risk, and a path that only serves an exempt area. New Class 7 and Class 8 buildings are within the Premises Standards scope. An NCC exemption discussion still has to sit beside that Access Code position.
What D4D5 does not exempt on an industrial job
Warehouse projects go wrong in two directions. One is over-claim: the whole warehouse floor is marked exempt, so the office mezzanine, amenities and trade counter drop off the drawings. The other is under-claim: the team prices a lift nobody needed, when the D4D4(f) small-building concession already covered the mezzanine. D4D5 does not clear the building. It clears specific areas.
Areas normally used by the occupants
NCC D4D2(1) requires buildings and parts of buildings to be accessible as required by that clause, unless exempted by D4D5. D4D2(6) then says that for Class 5, 6, 7b, 8 and 9a buildings, access must be provided to and within all areas normally used by the occupants. The ABCB Guide says occupants include visitors, employees, employers and owners. On an industrial unit that usually means the office, reception, amenities, lunchroom, first-aid room, trade counter and any showroom. Those rooms are normally used. D4D5 does not remove them because the rest of the shed stores goods.
The entrance and the path from the boundary
D4D3(1) requires an accessway from the main points of pedestrian entry at the allotment boundary, and from any accessible car parking space. D4D3(2) requires the principal pedestrian entrance to be accessible, and not less than 50 per cent of pedestrian entrances, including the principal entrance. In a building with a total floor area more than 500 m², a pedestrian entrance that is not accessible must not be more than 50 m from an accessible pedestrian entrance. The carve-out is narrow: pedestrian entrances serving only areas exempted by D4D5 need not be accessible. A staff door into the office is not that carve-out. A door that only opens onto a loading dock may be.
Accessible car parking
D4D6 still applies to the car park. For a Class 5, 7, 8 or 9c building, the NCC ratio is one accessible space for every 100 car parking spaces or part thereof. The Premises Standards Access Code Table D3.5 uses the same Class 5, 7, 8 and 9c ratio. A D4D5 claim on the loading dock does not remove the accessible bay, the shared area under AS/NZS 2890.6, or the path from that bay to the principal pedestrian entrance. Signage and markings that designate the space are required where the car park has more than five spaces.
Sanitary facilities
Accessible sanitary facilities sit under NCC Part F4, not under D4D5. The ABCB Guide to D4D4 notes that accessible unisex sanitary compartments and accessible unisex showers are not required on levels that rely on the D4D4(f) concession (see F4D5). That note is about the small-building concession, not a licence to omit staff and visitor amenities on the entrance storey. Amenity design for new work should be read with the current sanitary provisions. All-gender sanitary changes are covered on NCC sanitary facilities. Do not restate the F4 tables from memory on the drawings. Dimension the compartment the certifier will check.
Areas that are commonly exempt, and the evidence the certifier wants
The table uses the ABCB Guide examples, plus typical industrial zones that still have to be argued. Each row is a starting point. The certifier decides. Sydney Access Consultants does not treat a room name as an exemption.
| Area | Limb usually relied on | Typical justification | Documents to attach |
|---|---|---|---|
| Loading dock and vehicle manoeuvring apron | Inappropriate purpose, and sometimes health or safety | The area is for trucks, dock levellers and forklifts, not for ordinary occupant use. Pedestrian staff entry is elsewhere. | Plan marked with the dock zone. Use description. Confirmation the path does not also serve the office or amenities. |
| Plant and equipment room, switchroom | Inappropriate purpose, or health or safety | Access is for maintenance of plant, not an area normally used by occupants. | Room schedule, services drawings, and a note that staff amenities are not inside the room. |
| Class 8 electricity network substation, foundry floor, waste containment | Inappropriate purpose or health or safety | ABCB Guide examples. The task or hazard makes access inappropriate. | Hazard description, operator procedure if there is one, and the marked zone. |
| Forklift-only aisle or high pick-face racking aisle | Inappropriate purpose, case by case | Only if occupants do not normally walk the aisle to pick, count or meet drivers. A pick path used by staff is not automatically exempt. | Operational note from the occupier or developer. Plan showing pedestrian routes kept separate. |
| Cool room or freezer used only for storage | Health or safety, case by case | Temperature and operational risk may support the limb. A cool room that staff enter as part of ordinary work needs a separate argument. | Temperature and use note. Do not rely on the room name alone. |
| Path, stair or ramp that serves only an exempt area | D4D5 path limb | The path provides access only to an area already accepted as exempt. | Plan trace showing the path ends at the exempt area and does not reach offices, amenities or a trade counter. |
Fire lookouts and rigging lofts appear in the Guide. They are uncommon on a Georges River or Sutherland Shire industrial unit, but the same test applies: particular purpose, or health or safety, assessed case by case.
The mezzanine question: D4D4(f) before you price a lift
Check the small-building concession before you treat a mezzanine as a D4D5 problem. NCC D4D4(f) says a ramp complying with AS 1428.1, or a passenger lift, need not be provided to a storey other than the entrance storey in a Class 5, 6, 7b or 8 building that contains not more than 3 storeys, where the floor area of each storey other than the entrance storey is not more than 200 m².
The ABCB Guide explains the limit with a counter-example. If the entrance storey is 600 m², the first storey is 600 m² and the second storey is 150 m², lift or ramp access is required to all levels. One small upper floor does not save a large upper floor. A 220 m² office mezzanine does not qualify. The concession is about vertical access by ramp or lift. Other accessible features still apply on those levels, except accessible unisex sanitary compartments and accessible unisex showers as noted in the Guide under F4D5.
Worked example, in words only. A two-storey industrial unit has a 1,400 m² warehouse on the entrance storey and a 160 m² office mezzanine. Class 7b with a Class 5 office component, not more than 3 storeys, non-entrance storey not more than 200 m². D4D4(f) can remove the lift or AS 1428.1 ramp to that mezzanine. It does not remove the accessible entrance, the accessible car space, the path to the ground-floor amenities, or the stair that people will still use. Stair handrails still need a compliance path. See handrails at stairs. If the mezzanine office grows to 220 m² at CC, the concession drops away and the lift or ramp question returns.
What a D4D5 exemption takes off the list
A valid exemption has knock-on effects. It does not spread to the rest of the building.
- Tactile ground surface indicators are not required at a stairway or ramp that only leads to an area exempted under D4D5. D4D9 and the ABCB Guide say warning TGSIs apply at the top and bottom of stairways and ramps except those only leading to areas exempted under D4D5. The same clause excludes a pedestrian entrance serving an area referred to in D4D5 from the accessway-to-vehicular-way TGSI trigger. See tactile ground surface indicators.
- Ramps and stairways in areas exempted by D4D5 do not have to meet D4D4(a), which calls up AS 1428.1 clause 10 for ramps and clause 11 for stairways. The ABCB Guide to D4D12 also notes that a ramp used solely to service an area exempted under D4D5 need not meet AS 1428.1. Ramp handrail issues on paths that are not exempt are on ramp handrails and kerb rails.
- Pedestrian entrances serving only exempt areas need not be accessible, under D4D3(2).
If the stair also serves the office, the TGSI and stair concessions fall away with the path limb.
When the exemption will not hold: Performance Solution or redesign
If the area is normally used by occupants, D4D5 is the wrong tool. A raised trade counter, a split-level showroom, or an office that happens to sit over the dock is not exempt because access is awkward. Move to a Performance Solution against the relevant access Performance Requirements, commonly D1P1 and related requirements identified under A2G2, or redesign the plan. The difference between the two paths is on Performance Solution or deemed-to-satisfy. Do not stretch a non-compliant ramp and call it deemed-to-satisfy, and do not label a normally used room as D4D5 to avoid that conversation.
What goes into a D4D5 justification at DA and at CC
Some people search for a D4D5 exemption letter. The document Sydney Access Consultants prepares is the reasoned section of an access report, or a stand-alone statement if the certifier will accept that form. The certifier still decides. Naming an exemption in a fee proposal is not the same as documenting it.
At development application, flag the likely exemptions so the floor plan does not bake in a problem. Mark the office, amenities and trade counter as areas normally used. Mark candidate exempt zones separately. The difference between a capability report and a construction certificate report is on DA and CC access reports. Lodgement language for the wider report is on disability access reports for DA and CC.
At construction certificate, list each exempt area with its use, who occupies it, the hazards, and the limb relied on. Mark the zone on the plans. Record that the certifier has been asked to accept the justification. Status words the certifier can use are set out on what certifiers want in an access report and certifier documentation requirements. If the mezzanine area has changed since DA, recheck D4D4(f) before the CC set is frozen.
DDA reality check
This is not legal advice. An NCC or Premises Standards exemption is a building-code position about whether an area must be accessible. It does not stop an employer considering reasonable adjustments for a worker with disability, and it does not replace service-provider duties under the Disability Discrimination Act 1992. How the DDA and the NCC sit together is on DDA compliance and the NCC. The Australian Human Rights Commission publishes guidance on access to premises and on employment adjustments. Read that guidance before you treat a D4D5 note as the end of the matter.
Frequently asked questions
What does NCC clause D4D5 exempt?
NCC Volume One clause D4D5 says these areas are not required to be accessible: an area where access would be inappropriate because of the particular purpose it is used for; an area that would pose a health or safety risk for people with a disability; and any path of travel that serves only those areas. The adopted NCC 2022 text also covers farm buildings and bulk grain storage facilities where access would be inappropriate because of purpose. The ABCB Guide gives loading docks, plant and equipment rooms, foundry floors, waste containment areas, rigging lofts and electricity substations as examples, and says each is assessed case by case.
Does D4D5 mean a warehouse does not need disability access?
No. For Class 5, 6, 7b, 8 and 9a buildings, NCC D4D2(6) requires access to and within all areas normally used by the occupants. The ABCB Guide says occupants include visitors, employees, employers and owners. D4D5 removes specific areas, such as a loading dock or plant room. It does not remove the office, amenities, lunchroom or trade counter, the accessible entrance, or the accessible car parking (one space per 100 for Class 7 and 8 under D4D6).
Do we need a lift to a warehouse office mezzanine in NSW?
Not always. Under NCC D4D4(f), a ramp or passenger lift is not required to storeys other than the entrance storey in a Class 5, 6, 7b or 8 building of no more than 3 storeys where each of those other storeys is not more than 200 m². Other required accessible features still apply on those levels. If any non-entrance storey is over 200 m², access by ramp or lift is required. The certifier confirms which concession or exemption applies, based on the access report.
What still applies if some areas are exempt?
Accessible car parking under D4D6, the principal pedestrian entrance, the path from the boundary and from the accessible car space to the non-exempt parts, and sanitary facilities for the areas people normally use. TGSIs and AS 1428.1 stair and ramp clauses can fall away only for the exempt area and a path that serves only that area.
Who decides a D4D5 exemption, and what goes in the report?
The Principal Certifier decides whether the justification is acceptable for the construction certificate. The access report identifies each area, its purpose, the limb relied on, and the reasoning. It marks the zone on the plans. A letter that only names D4D5, without use, occupancy and path tracing, is not enough.
Does a D4D5 exemption remove Disability Discrimination Act obligations?
No. This is not legal advice. The NCC exemption is a building-code position. Employer and service-provider duties under the Disability Discrimination Act can still exist. See DDA compliance and the NCC.
Does D4D5 apply the same way to a childcare centre?
No. Early learning centres are a different class and a different report. Plant rooms can still be discussed case by case, but play rooms and staff areas normally used by occupants are not a warehouse exemption. Childcare reports are on childcare access reports in NSW.
Get an industrial access report
Sydney Access Consultants prepares access reports for warehouse, factory, logistics and industrial-unit projects in Cronulla, the Sutherland Shire and Hurstville / Georges River, and for south-west and western Sydney jobs assessed from the Hurstville office. Sandy Grey is based at Black Beach for Mid North Coast industrial work. Perth and Western Australia enquiries stay with the Australian office. Service areas are on locations. Call (02) 9586 3111.
Gary Finn is an Accredited Member of the Access Consultants Association (member 435). Reports are issued by Sydney Access Consultants. We do not invent an exemption the drawings cannot support, and we do not claim a certifier has accepted a zone until that acceptance is on the file.