The access requirements that most often need a Performance Solution in NSW

In NSW practice the same handful of access Deemed-to-Satisfy provisions keep turning into Performance Solutions: accessible unisex toilets where toilets are on more than one storey, small raised or stepped spaces such as pods and mezzanines, existing buildings where a compliant path of travel to new work is not practical, and heritage buildings. On 27 October 2026 the Australian Building Codes Board asked NCC users for exactly this list as part of simplifying the NCC. Nothing changes on site today. NCC 2022 Amendment 2 still applies in NSW until NCC 2025 starts on 1 May 2027.

What the ABCB asked for (27 October 2026)

The ABCB asked two questions: which NCC provisions are difficult to interpret or apply, and which Performance Solutions get repeated across similar projects, and whether NCC changes could reduce the need to repeat them. The call follows the 16 October 2026 ministers' agreement to modernise the NCC. It is a call for input, not a rule change. See NCC modernisation access NSW. The closing date is still to be confirmed on the ABCB page. Check the ABCB news item "Help us simplify the NCC" before contributing.

The access provisions that most often end up as Performance Solutions

Each item below uses NCC 2022 Amendment 2 numbering. The Performance Solution is assessed against the relevant Performance Requirement rather than the Deemed-to-Satisfy clause.

Unisex accessible toilets when toilets are on more than one storey (F4D5, F4D6, D4D4(f); assessed against F4P1)

Deemed-to-Satisfy options exist: an accessible unisex toilet on each storey with toilets, the D4D4(f) lift concession interplay, and alternate-floor arrangements. The argument that a ground-floor unisex toilet covers upstairs under F4P1 is a hard sell. Plan the location early. See disabled toilet regulations NSW and do I need a lift NCC NSW.

Small stepped or raised spaces: pods, phone booths, platforms and mezzanines

These spaces often cannot meet D4D2 or D4D3 access to areas on constrained sites. They are assessed against DP1. Confirm the exact clauses with the access consultant for the project. See accessible stairways AS 1428 for stair-related items.

Existing buildings and the affected part

Upgrades where a compliant path of travel from the entrance to the new work is not practical commonly need a Performance Solution. Unjustifiable hardship arguments under the Premises Standards are separate. See existing building access audit NSW.

Heritage buildings

Entrances and level changes where Deemed-to-Satisfy would damage heritage fabric. See heritage access Performance Solutions.

Other items that appear repeatedly include constrained ramp or landing dimensions and some sanitary circulation in existing compartments. Confirm the specific clauses on each project. Do not treat any unconfirmed item as a standard SAC Performance Solution.

Why the same Performance Solutions keep repeating

Deemed-to-Satisfy provisions are written for new, clean sites. Existing and heritage buildings, and small spaces the Deemed-to-Satisfy did not anticipate, produce the same departures. This is the practical list the ABCB asked for. No prediction is made here about what the ABCB will change.

Performance Solutions and the DDA

A Performance Solution satisfies the NCC Performance Requirement. Under the Disability (Access to Premises — Buildings) Standards 2010 the same building may also need to meet the Access Code. The Disability Discrimination Act complaint risk does not disappear. See performance solutions.

How to avoid a late Performance Solution

1. Brief the access consultant at concept stage.
2. Flag existing-building and heritage constraints early.
3. Agree the Performance-Based Design Brief with the certifier before the report.
4. Keep evidence.

See what is an NCC Performance Solution and access report peer review NSW.

Tell the ABCB (and tell us)

The ABCB consultation is open via the news page. Sydney Access Consultants may make a practice submission listing repeated access Performance Solutions and hard-to-apply Part D4 and F4 provisions. Readers can share theirs when they call.

Answer-ready questions

Which access requirements most often need a Performance Solution?
In NSW practice, access Performance Solutions most often come up for accessible unisex toilets in buildings with toilets on more than one storey, small raised or stepped spaces such as pods, platforms and mezzanines, existing buildings where a compliant path of travel to new work is not practical, and heritage buildings. Each is assessed against the NCC Performance Requirements, such as DP1 and F4P1, rather than the Deemed-to-Satisfy clauses.

What is the ABCB "Help us simplify the NCC" call for input?
On 27 October 2026 the Australian Building Codes Board asked NCC users to identify provisions that are hard to interpret or apply, and Performance Solutions that are repeated across similar projects, so it can find ways to simplify the NCC. It is a call for input, not a change to the rules. NCC 2022 Amendment 2 still applies in NSW until NCC 2025 starts on 1 May 2027.

Does an access Performance Solution satisfy the DDA?
Not on its own. A Performance Solution shows that the building meets the NCC Performance Requirements. The Disability (Access to Premises — Buildings) Standards 2010 and the Disability Discrimination Act still apply, so the solution should be checked against them too. An accredited access consultant can tell you where the risk sits.

When should I bring an access consultant in to avoid a late Performance Solution?
At concept stage, before drawings lock in the departure. Flag existing-building, heritage and small-space constraints early and agree the Performance-Based Design Brief with the certifier.

Can I contribute to the ABCB call?
Yes. Follow the ABCB news page for the current call for input. Check for a closing date before submitting.

Facing a Deemed-to-Satisfy non-compliance? Call Sydney Access Consultants on (02) 9586 3111 to talk through a Performance Solution before construction certificate.

Links checked against live site files before pack. Last updated 3 November 2026. See also NCC 2025 access changes NSW.