Adoption of NCC 2022 in ACT

9 May 2023
Members have reported to AIBS that they have noticed a difference in the way that NCC 2022 has been called up in the ACT compared with the 2019 edition of the NCC. In respect of the 2019 edition, there was a need for the ACT government to amend the adoption date so that this was specifically referenced in the Disallowable Instrument. There has not been any such need with the current stage of adoption of NCC 2022. AIBS understands that the application of the law is as follows:
NCC 2022 was adopted in its entirety together with the ACT Appendix contained in Schedule 1 to the Building (ACT Appendix to the Building Code) Determination 2023 (No 1) on 1 May 2023.
The reasoning for this is as follows:
1. Section 136(1)(a) of the Building Act 2004 (ACT) provides that the ‘building code’ means:
a. the Building Code of Australia prepared and published by the Australian Building Codes Board as amended from time to time by
i. the Australian Building Codes Board; and
ii. the Australian Capital Territory Appendix to the Building Code of Australia; and
b. a document prescribed by regulation.
2. Note 1 to section 136 states that ‘the date that each version of the BCA comes into effect in the ACT can be found in the History of Amendments’ or ‘History of BCA Adoption’ parts in the BCA itself.  However a different date of effect may be prescribed by regulation or in an amendment of the BCA made by an Australian Capital Territory Appendix to the Building Code of Australia’.
3. No regulations were made for the operation of NCC 2022 in the ACT.  The Building Regulations 2004 were amended on 1 May 2023 but the amendments relate to sections 24-29, 33A, 43A and 44AA of the Regulations which do not alter the commencement of NCC 2022.
4. The new Appendix in the abovementioned determination does not contain its own date of effect separate from that in the NCC itself.  The only date of effect contained therein is for the operation of the Appendix itself.
5. Therefore, the date of effect for the operation of NCC 2022 in the ACT is 1 May 2023 as provided for in the ‘History of adoption of NCC’ tables within both Volume 1 and Volume 2 of the NCC.  The NCC operates subject to the amendments made in the Appendix, which Appendix also commenced on 1 May 2023.
If members are unsure of what is required or when, please contact us. Whilst AIBS is generally unable to provide advice, we will do what we can to support the profession. You may wish to seek your own independent advice regarding what is required and when in the ACT.