Compliance with Building Code of Australia
25 Compliance with Building Code of Australia
For the purposes of this Act, it is sufficient to comply with the requirements of the Building Code of Australia in respect of a regulated design or building work if the regulated design or building work complies with or satisfies—
the applicable governing requirements, and
the applicable performance requirements.
For the purposes of subsection (1)(b), the applicable performance requirements may be satisfied by—
in respect of building work—
achieving a performance solution in the manner specified in the Building Code of Australia, or
showing compliance through a deemed-to-satisfy solution in the manner specified in the Building Code of Australia, or
a combination of a performance solution and deemed-to-satisfy solution in the manner specified in the Building Code of Australia, and
in respect of a regulated design that includes a performance solution—
achieving a performance solution in the manner specified in the Building Code of Australia, or
a combination of a performance solution and deemed-to-satisfy solution in the manner specified in the Building Code of Australia, and
in respect of any other regulated design—showing compliance through a deemed-to-satisfy solution in the manner specified in the Building Code of Australia.
Despite subsection (1), a regulated design or building work is taken to comply with the requirements of the Building Code of Australia for the purposes of this Act if—
the application of the requirements of the Building Code of Australia is modified or displaced by another law (modified requirements) in respect of a regulated design or building work, and
the regulated design or building work complies with the modified requirements.
In determining whether a variation to a regulated design or building work complies with the Building Code of Australia for the purposes of this Act, the variation must not be considered in isolation but consideration must also be given to the effect of the variation on other aspects of the building work or other regulated designs for the building work.
In this section—
deemed-to-satisfy solution, governing requirements and performance requirements have the same meanings as in the Building Code of Australia.
This Act’s bill:Explanatory memorandumSecond reading speech
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