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NCC

Navigating NCC Compliance: When to Use DtS vs Performance Solutions

SM
Sean Mcleanin
8 June 2026

In the world of the National Construction Code (NCC), there are two primary pathways to achieving compliance. Understanding the difference and the risks is essential for any architect or builder looking to avoid delays or liability. 

Before diving in, it helps to understand how the NCC is structured. The Performance Requirements are the overarching objectives, the "what" every design must achieve. The two pathways below are simply different ways of proving you've got there.

1. Deemed-to-Satisfy (DtS) Provisions

The DtS pathway is the "recipe book" approach. It consists of pre-determined technical specifications that have already been vetted by the ABCB.

  • The Workflow: You follow the exact dimensions, materials, and methods prescribed in the code.

  • The Benefit: It is low-risk and generally accepted by Building Certifiers without additional evidence. If the code says a doorway must be 820mm clear and you draw it at 820mm, you are compliant. 

  • The Downside: It can be rigid and may not allow for out-of-the-box architectural designs.

2. Performance Solutions

A Performance Solution is a bespoke method of compliance. Instead of following the recipe, you demonstrate that your unique design still meets the Performance Requirements of the NCC.

  • The Workflow: Prove that your design is "at least equivalent" to the DtS provisions or meets the relevant Performance Requirement.

  • Who Provides It: A Performance Solution must be prepared by a suitably qualified person relevant to the subject matter. This means a Fire Engineer for fire safety matters, an Access Consultant for accessibility matters, a Structural Engineer for structural matters, and so on. The architect's role is to coordinate this process. The solution must also be accepted by the Building Certifier.

  • The Benefit: It allows for design innovation where DtS simply can't go.

  • The Downside: It is expensive, time-consuming, and carries increased liability.

3. Implications of Using a Performance Solution

While Performance Solutions offer some freedom, they come with significant professional and legal baggage.

  • Higher Documentation Burden: You cannot simply point to a clause. You must provide a formal Performance-Based Design Brief (PBDB) and a final report signed off by a relevant consultant, such as a Fire Engineer or Access Consultant.

  • Cost and Time: Consultation, peer review, and reporting adds weeks to the program and thousands of dollars to the fee.

  • Increased Liability: By stepping away from the safe harbour of DtS, the architect and consultants take on more responsibility for the design's long-term performance. If a custom waterproofing detail fails, "it wasn't DtS" is the first thing an insurer will note.

  • Certifier Scrutiny: Many Building Certifiers are increasingly hesitant to accept complex Performance Solutions without exhaustive third-party verification, which creates friction during the Building Approval stage.

The Golden Rule:

Default to DtS. Use a Performance Solution only when DtS genuinely cannot achieve the design intent or where no DtS solution exists, not as a workaround for poor planning.

We teach this and so much more at ARCHI UPSKILL. Head to our documentation & detailing courses to learn more.