What is an NCC Performance Solution? A plain-English guide for disability access in NSW
A Performance Solution is a project-specific way of meeting the National Construction Code's Performance Requirements without following the prescriptive Deemed-to-Satisfy Provisions. This guide explains the rules, shows access examples from NSW practice, and tells you when it is worth it. Current NSW work is assessed against NCC 2022 Amendment 2 until NSW adopts NCC 2025 on 1 May 2027.
The short answer
Under NCC Governing Requirement A2G2, a Performance Solution is a method of complying with the Performance Requirements other than by complying with the Deemed-to-Satisfy Provisions. A2G3 describes the Deemed-to-Satisfy path as following the provisions like a recipe book. A building can comply by DTS, by Performance Solution, or by a combination of both.
Why the NCC allows Performance Solutions
The NCC is performance-based. The Governing Requirements and Performance Requirements are mandatory. The Deemed-to-Satisfy Provisions are one way to meet them. The ABCB NCC Navigator explains the framework.
How a Performance Solution is proven: the four Assessment Methods
A Performance Solution must be assessed using one or more of these methods:
- Evidence of suitability: product data, test reports or other evidence that the solution is suitable.
- Verification Method: a method in the NCC, such as D1V2 for access, that compares the proposal with a DTS reference solution and requires equal or better performance.
- Expert Judgement: the judgement of an expert that the solution meets the Performance Requirements.
- Comparison with the DTS Provisions: showing the proposal performs equal or better than a DTS design.
D1V2 (Access Verification Method) can be used to demonstrate compliance with D1P1, D1P2, D1P6, E3P4 and/or F4P1. Confirm the exact Performance Requirements against the current NCC Volume One.
The four-step process, in one paragraph
Prepare a performance-based design brief (PBDB) that sets scope, Performance Requirements, acceptance criteria and Assessment Methods. Carry out the analysis. Evaluate against the criteria. Document in a final report. For the certifier process and independence from the PCA, see the service page disability access Performance Solutions.
Access Performance Solutions we see in NSW
Examples from practice (anonymised, illustrative):
- Ramp gradient or landing spacing in an existing building that cannot fit a DTS ramp. See performance-based ramp solution example.
- Reduced door circulation space at a retained door.
- Accessible entrance not at the principal pedestrian entrance.
- Sanitary facility layout variation in a refurbishment.
- Using AS 1428.1:2021 where the project's NCC reference calls up the 2009 edition. See AS 1428.1:2009 vs 2021.
- Heritage-constrained entry.
Each is mapped to the DTS clause not met, the Performance Requirement relied on, and the Assessment Method used. No client names or addresses.
What a Performance Solution is not
It is not an exemption from providing access. It must still meet the Performance Requirements.
It is not unjustifiable hardship. A Performance Solution meets the Performance Requirements another way. Unjustifiable hardship under the Premises Standards is a separate defence where compliance would impose unjustifiable hardship.
It is not, by itself, a complete shield against a DDA complaint. This is general information, not legal advice.
Is a Performance Solution worth it?
Cost, time and certifier appetite versus redesign. When DTS is quicker, follow DTS. When a Performance Solution gives a better outcome for an existing or constrained building, document it properly. See Deemed-to-Satisfy versus Performance Solution.
How Sydney Access Consultants helps
Sydney Access Consultants prepares feasibility advice, performance-based design briefs and Performance Solution reports for disability access. Call (02) 9586 3111. Work is based in Hurstville. On the Mid North Coast, Sandy Grey works from Black Beach.
Related: Performance Solutions service, access audits, what certifiers want, who prepares Performance Solutions.
Frequently asked questions
What is a Performance Solution under the NCC?
A Performance Solution is a project-specific way of meeting the National Construction Code's Performance Requirements without following the prescriptive Deemed-to-Satisfy (DTS) Provisions. Under clause A2G2 it must meet every relevant Performance Requirement and be shown to do so using one or more of the NCC's Assessment Methods: evidence of suitability, a Verification Method, Expert Judgement, or comparison with the DTS Provisions. A building can comply through DTS, a Performance Solution, or a mix of both.
Is a disability access Performance Solution an exemption from providing access?
No. A Performance Solution is not a way out of access; it is a different way of achieving the access outcome the NCC requires. It still has to meet the relevant Performance Requirements. If a building owner argues that providing access at all would be too costly or impractical, that is a separate concept, unjustifiable hardship under the Premises Standards.
How is a Performance Solution prepared and approved in NSW?
The NCC sets a four-step process: prepare a performance-based design brief with the relevant stakeholders, carry out the analysis it sets out, evaluate the results against the agreed acceptance criteria, and document everything in a final report. In NSW the report is usually prepared by an independent access consultant and assessed by the project's registered certifier.