The Ultimate Guide to Navigating the South Australian National Construction Code (NCC) for Architects Rev B
Since the launch of The Ultimate Guide to Navigating the South Australian National Construction Code (NCC) for Architects, we have been given the final set of concessions that will shape how architects approach energy efficiency and design in South Australia. While the NCC 2022 provisions remain locked in for the next decade, these concessions have now been finalised, offering some much-needed clarity.
With the release of the Ministerial Building Standards MBS 007 – Modifications to the Building Code of Australia (September 2024, Amendment 1), there are several critical updates that will impact energy efficiency and liveable housing standards, timelines, and compliance pathways for both new projects and existing developments.
In this revised edition, we’ll delve into these key changes, providing you with actionable insights to ensure your designs remain compliant, forward-thinking, and resilient.
For those who have asked over the past month about what’s happening with alterations and additions, we also have some insight into how these projects will be treated moving forward, so read on to find out more.
What’s New: MBS 007 and Energy Efficiency Provisions
On the 6th of September 2024, the Ministerial Building Standard MBS 007: Modifications to the Building Code of Australia was published, providing architects with finalised guidance on how to approach NCC 2022, specifically regarding Energy Efficiency and Liveable Housing Design. In this article we’re focusing on the energy efficiency concessions that will impact your designs and timelines moving forward.
While the changes may seem complex, we’ll break them down into actionable items to make sure you’re ahead of the curve. These have been picked out of the document linked above to give you some initial insights into the concessions, so, it will be important to make sure you’re across all the concessions that relate to other areas of the building code, such as but not limited to off-site manufactured buildings and liveable housing.
Key Energy Efficiency Concessions to Note
Concession #1: Projects lodged before 1 October 2024
From the MBS 007 - Part 2.2.4(1): A class 1 building with a development application lodged before 1 October 2024 may comply with NCC 2019 (either 6-Stars or DTS provisions under Part 3.12)
Important clarification: As noted in the Interpretations at the end of the MBS 007 document, a development application includes both building consent and planning consent. If your project has planning approval but hasn’t yet been lodged for building rules consent, this concession might still apply. It will be best to check with your planning team and/or certifier to see how this may apply to your project.
Our thoughts: Even if this concession applies, going beyond the minimum requirements will always offer long-term benefits in terms of energy performance, client satisfaction, and futureproofing.
Concession #2: Small or Irregular Allotments
From the MBS 007 - Part 2.2.4(2): A Class 1 building on a small or irregular allotment, with an application for building consent lodged before 1 January 2027 and a land division application submitted prior to 1 January 2024, may comply with either:
NCC 2019 DTS Provisions + H6P2 Energy Usage of NCC 2022; or
A 6-Star rating + H6P2 Energy Usage of NCC 2022
Important clarification: As noted in the Interpretations at the end of the MBS 007 document, a small allotment is one with a primary street frontage of less than 10m and an irregular allotment is one with an area less than 300sqm, unable to contain a 9m x 15m rectangle beyond the primary street setback.
Our thoughts: Make sure you coordinate with your planning team and/or certifier to confirm whether this applies to your project. This concession provides some much-needed flexibility but requires clear understanding of the site’s specifications.
Concession #3: Existing Small or Irregular Allotments
From the MBS 007 - Part 2.2.4(3): If you’re designing for a Class 1 building on an existing small or irregular allotment as of 1 October 2024, you may follow the same pathways as Concession #2 – either NCC 2019 DTS or a 6-Star rating with NCC 2022 Whole of Home requirements.
Key difference: Unlike Concession #2, this provision has no expiration date, giving you greater flexibility for existing properties that meet the definition of a small or irregular allotment.
Our thoughts: For existing allotments that meet the one of the two definitions provided, it will be crucial to weigh the benefits of complying with NCC 2022 over NCC 2019, particularly when considering long-term performance with respect to health, comfort, and resiliency.
Concession #5: Master Planned Neighbourhoods in Mount Barker
From the MBS 007 - Part 2.2.4(5): Class 1 buildings within the Master Planned Neighbourhood Zone in Mount Barker may comply with NCC 2019 standards until 1 May 2026 while also complying with the NCC 2022 Whole of Home requirements.
Timeline clarification: Before this MBS release, the timeline was obscure and we didn’t know for how long this concession was in place for – but we now know, this will last until the 1st of May 2026.
Our thoughts: While architects working in Mount Barker have some breathing room, it will be important to weigh up the benefits of going beyond the 6-Star level and designing a home that is healthy, comfortable, and resilient.
Modifications to Deemed-to-Satisfy (DTS) Provisions
When using House Energy Rating Software (NatHERS) to demonstrate compliance with energy efficiency, additional DTS provisions still apply.
However, MBS 007 introduces a key modification here in South Australia noted under Part 2.2.7; where the under-slab insulation requirement that is called up for Climate Zone 6 under Part 13.2.5(a)(ii) has been excluded from the additional DTS provisions.
Upon reflection of the removal of Part 13.2.5(a)(ii), we believe this to be a good thing. For example, for homes in Climate Zone 6 but under NatHERS Climate Zone 16, we sometimes find under-slab insulation hinders performance. Under the previous requirement, a house in this situation would have been forced to have under-slab insulation irrespective of its impact on performance. This is a great adjustment to the code as it gives architects greater flexibility in achieving healthy, comfortable, and resilient homes for their clients.
One question remains though, this modification only modifies the additional deemed to satisfy requirements for House Energy Rating Software, does it apply to a standard deemed to satisfy assessment as well?
Considerations for Alterations and Additions
Now, onto the question many architects have been asking: What about alterations and additions?
While there’s still a lot of uncertainty in how these provisions will be applied to existing homes, Ministerial Building Standard MBS 007 actually calls up (refer to Part 1.4) the Draft Ministerial Building Standard MBS 013. This document is currently in draft form but looks like the go-to guide for handling alterations and additions.
Please note, as this document is in draft form, it is subject to change. We will be writing up a new article going through this in further detail in the near future. (Sign up to Thinking Forward so you get it first!)
But, to get you thinking about alterations and additions, here’s what we have taken out of this document so far:
Smaller additions (up to 50% increase in floor area) may use either the full NCC 2022 Part 13 standards or the specific provisions outlined in MBS 013
Larger additions (over 50% increase in floor area) must comply with NCC 2022 Part 13 standards in full or use Section B of MBS 013 for energy efficiency
This is a draft document at the moment, so we will refrain from giving too much information on this until it is set in stone, but it is an interesting read and we wanted to communicate this to you as soon as we found out.
While it looks like we have an almost entirely modified code to the NCC 2022 with respect to alterations and additions, MBS 013 also introduces a star-rating discount calculation process with a similar formula that has been used in Victoria to great effect.
In the simplest terms, this essentially means that we rate the house before the renovations, and then after, and then run the calculation to determine what an appropriate star rating compliance level will be for the project.
It works well in Victoria and so we should see some consistency across jurisdictions which will greater assist those deeming compliance for these types of projects.
However, more to come for alterations and additions.
Early Engagement is Key
The recent concessions and modifications provide clearer guidance on how to navigate NCC 2022, but they also highlight the need for early engagement. Whether you’re dealing with new builds or alterations/additions, starting conversations early will ensure smoother compliance and help you deliver heathier, more comfortable, and resilient homes for your clients.
Further Reading: