NCC Modernisation 2026: What It Means for Access Compliance in NSW
On 16 October 2026, Commonwealth, state and territory building ministers agreed to modernise the National Construction Code: simplify it, reduce state variations, and allow risk-based ways to show compliance. No dates were set, and nothing changes on site today. In NSW, NCC 2022 Amendment 2 still applies until NCC 2025 commences on 1 May 2027. Access requirements for people with disability still come from NCC Volume One Part D4 and the Premises Standards. Last updated 27 October 2026.
What ministers agreed (in plain English)
The 16 October 2026 communiqué from the Joint Ministerial Meeting on Housing Supply and Affordability sets five directions. These include simplifying access to and use of the NCC (clearer language, removing duplicated or outdated provisions, reordering by user needs and building classification, simple solution manuals, and an AI-ready digital NCC 25), recommitting to a national market through analysis of state variations, introducing risk-based proportionate ways of demonstrating compliance, and strengthening governance and cost-benefit analysis including commercial feasibility for new housing. The ABCB is to do preliminary work towards a digital, AI-ready NCC 25 and pilot AI tools for NCC 2025. It builds on the NCC Modernisation Project interim report of 30 April 2026. The final report was expected later in 2026. Confirm the current status on the Treasury site.
What changes for access right now? Nothing
NSW building work is assessed against NCC 2022 Amendment 2, in effect since 29 July 2025. NSW adopts NCC 2025 on 1 May 2027. Victoria and Western Australia adopted NCC 2025 from 1 May 2026. See NCC 2025 adoption in NSW. Ministers agreed in October 2025 that there will be no further residential NCC changes until mid-2029, other than essential safety and quality measures (verify against the primary communiqué). A DA or CC access report is assessed against the NCC edition that applies on the date of the relevant certificate application. Name the edition in every report.
The four directions that matter for access work
A simpler, reordered code
Part D4 clause numbers may move again when the code is reorganised, as happened when D3 became D4 in 2022. Reports should cite the clause and the edition. See NCC Part D4 access guide.
Fewer state variations
NSW currently has no access-specific variations to Part D4, but the livable housing provisions (Parts G7 and H8) were not adopted. See livable housing and livable housing design NCC 2022. Whether the variations analysis revisits livable housing is a watch-point, not a forecast.
Risk-based, proportionate compliance
This could change how much evidence a Performance Solution for access needs on a simple building versus a hospital. The Performance Requirements still need to be met. See performance solutions and what is an NCC Performance Solution.
Simple solution manuals and evidence registers
These could help small projects such as shop fit-outs and change of use. See change of use and fit-out access NSW.
Why the Premises Standards still matter (the DDA layer)
Access for people with disability in most new and upgraded public buildings is set by both NCC Part D4 and the Disability (Access to Premises — Buildings) Standards 2010, a separate Commonwealth instrument under the Disability Discrimination Act 1992 with its own Access Code. Simplifying or rewording the NCC does not by itself amend the Premises Standards. When the NCC access content has changed before, the Premises Standards have been amended to match (for example, the amendments that took in AS 1428.1:2021). A building owner’s DDA exposure does not shrink because the NCC gets shorter. Existing-building rules, including unjustifiable hardship and complaint risk, are unaffected. See existing building access audit NSW and heritage access performance solutions.
What to do now (by project stage)
| Stage | Do this now | Watch for |
|---|---|---|
| Concept / pre-DA | Design to NCC 2022 and plan for NCC 2025 if the CC will fall after 1 May 2027 | ABCB NCC 2025 NSW commencement notices |
| DA lodged | Keep the access report edition-specific | None needed immediately |
| CC / construction | No change | None |
| Performance Solution in progress | Build the evidence as now | Proportionate-compliance guidance |
| Existing building owner | Audit now; DDA risk unchanged | Any Premises Standards review |
| SDA / residential | Residential pause to mid-2029 | Final Treasury report |
See access reports for DA, CC and CDC and when do you need an access consultant.
Timeline we are tracking
- 24 August 2025: Commonwealth announcement on pausing residential NCC changes (secondary source; verify).
- October 2025: ministers agree to the residential pause to mid-2029 (verify primary communiqué).
- 30 April 2026: NCC Modernisation Project interim report.
- 1 May 2026: NCC 2025 in Victoria and Western Australia.
- 16 October 2026: ministers’ communiqué on modernisation.
- Later in 2026: final report expected.
- 1 May 2027: NCC 2025 commences in NSW.
- Mid-2029: residential pause ends.
Refresh this page when the final Treasury report or ABCB work program is published.
Frequently asked questions
Does NCC modernisation change access requirements now?
No. On 16 October 2026, building ministers agreed on directions to modernise the National Construction Code: simplify it, reduce state variations and allow risk-based ways to show compliance. They did not set dates or change any access provisions. In NSW, NCC 2022 continues to apply until NCC 2025 commences on 1 May 2027.
Will a simpler NCC reduce my obligations under the Disability Discrimination Act?
Not by itself. Access for people with disability in most new and upgraded public buildings is set by both NCC Part D4 and the Disability (Access to Premises — Buildings) Standards 2010, a separate instrument under the DDA. Rewording or reorganising the NCC does not amend the Premises Standards, and the DDA continues to apply to buildings they do not cover.
What should I do about NCC modernisation on a current project?
Keep designing to the NCC edition that applies to your construction certificate, and make sure your access report cites the clause and edition. If your CC will be lodged after 1 May 2027, check NCC 2025 changes now. Watch for the final Treasury report and the ABCB’s work program on proportionate compliance, which may affect how much evidence a Performance Solution needs.
Not sure which NCC edition your project falls under? Call Sydney Access Consultants on (02) 9586 3111.
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