Livable housing design requirements

The National Construction Code (NCC) 2022 includes new requirements for livable housing design, which came into effect on 1 May 2024.

The new livable housing provisions will provide housing designed to better meet the needs of the community, including older Australians and those with a mobility-related disability.

Learn more about these changes by visiting the Australian Building Codes Board (ABCB) website.

Application of new livable housing requirements for existing dwellings and apartments

This guidance assists building and design practitioners to better understand the application of new livable housing requirements for existing dwellings (class 1a) and apartments (class 2 sole occupancy units).

Building Regulation 233 - Alteration to existing building

Building work to alter an existing building must comply with the regulations, and in certain circumstances, the entire building must be brought into conformity with the regulations.

For alterations and extensions to existing buildings, Regulation 233 provides discretionary powers to the relevant building surveyor (RBS) to the extent of the upgrade required to an existing building and the ability to consent to partial compliance with the regulations (including NCC compliance). Partial compliance with the livable housing provisions for existing class 1a and class 2 buildings will be dependent upon the extent of the alterations.

Alterations, pursuant to Regulation 233(2), comprising of the proposed alterations, and any other alterations completed or permitted in the preceding three years, is calculated in terms of building volume. Where this volume exceeds more than 50 per cent of the original building volume, the entire building must be upgraded to comply with the livable housing provisions, except where the RBS consents to partial compliance as permitted by Regulation 233(3). A consent for partial compliance may apply to the existing building and the proposed alterations.

Pursuant to Regulation 233(6), if the proposed alterations comprise of an extension to an existing building, where the extension is calculated to increase the floor area of the existing building by more than either the lesser of 25 per cent or 1000m², then the proposed extension must comply with the new livable housing provisions. Noting this regulation still permits the RBS to consent to partial compliance to the existing building where the calculation of the building volume is not exceeded as noted above.

Application of discretion by the RBS

When deciding whether to consent to partial compliance under Regulation 233, the RBS should consider whether full compliance would be reasonable in a particular instance. To determine what is reasonable, consideration should be given to:

• The objectives under section 4 of the Building Act 1993 (the Act), in particular:
  • Safety and health of people who use the building.
  • Amenity.
  • Cost effective construction and maintenance.

We consider it is reasonable for the RBS to require upgrades be undertaken where practicable or where critical from a safety perspective, however livable housing compliance is unlikely to relate to safety.

An RBS may form an opinion that an upgrade of unaffected parts would be unreasonable due to the significant cost imposition and practical impacts. For example, to require the existing hallways of a building to be widened or an existing toilet to be upgraded to comply with the new livable housing provisions, when they are not affected by the proposed alterations.

Building owners should speak with their RBS regarding possible upgrades and discuss and consider the viability of various options for the project.

In cases where the proposed works affect the relevant toilet, the affected part of the work is expected to comply with the new livable housing provisions.

An RBS must ensure that their obligation to document any consent to partial compliance is done through Form 18 and within the building permit.

Livable housing provisions to meet the needs of the community

The relationship between the following sets of requirements are complementary:

• The combined requirements of Commonwealth Legislation, the Disability (Access to Premises – Buildings) Standards 2010 (Premises Standard) and the Disability Discrimination Act 1992 (DDA).
• The newly introduced requirements of the livable housing provisions that form part of the NCC 2022 that came into effect on 1 May 2024.

The livable housing requirements apply to dwellings (class 1a) and within apartments (class 2 sole occupancy units), which are buildings or areas within buildings that are not controlled by the Premises Standards.

The accessibility requirements of the livable housing provisions are not comparable to the accessibility requirements of the Premises Standards. This reflects the balance struck at a policy level between the cost of providing housing and the benefits to the community from enhanced accessibility in the housing stock of Australia.

Access for people with disabilities

The livable housing provisions apply only to the internal parts of class 2 sole occupancy Units, as expressed in Section G7 and performance requirement G7P1. These requirements are different and separate to the provisions of Section D4, that pertain to access for people with disabilities within buildings of other classifications.

The accessibility provisions of the NCC 2022 Section D4 do not apply within the sole occupancy unit of a class 2 building, but are applicable to the common areas outside the sole occupancy unit and to class 3 and 9 buildings, where people are accommodated.

The objective of G7 for the livable housing provisions, as noted within Volume 1 states:

• The objective of this Part is to ensure that housing is designed to meet the needs of the community, including older people and those with a mobility-related disability.

Equally, access for people with disabilities does not apply to class 1a buildings as governed by NCC volume 2. The livable housing requirements are contained within Part H8 for volume 2 where the objective states:

• The objective of this Part is to ensure that housing is designed to meet the needs of the community, including older people and those with a mobility-related disability.

The ABCB Livable Housing Design Standard clearly states within its scope that it is not ‘intended to achieve equivalence with AS1428.1’. The provision for livable housing is to accommodate ‘aging in place’ and people with reduced mobility.

Of particular importance are the requirements of Building Regulation 236 – Application of requirements in the BCA Volume One relating to access to buildings for persons with disabilities, which does not apply to class 1a dwellings, nor to the internal parts of a sole occupancy unit in a class 2 building.

In addition, Part 2 clause 2.1 (1)(a)(b) of the Premises Standard is not applicable to class 1a and class 10a buildings. This part does however include new class 2 buildings or a new part or affected part of a class 2 building which has accommodation for short term rent. Notwithstanding 2.1(1)(a)(b), the internal parts of a sole occupancy unit in a class 2 building is not covered by the Premises Standard as noted by Clause 2.1(2).

Under clause A4.1 of the Premises Standard, the meaning for each of the building classifications are read to align with the classifications within the NCC.

Considering all the above, we do not consider the access to premises provisions for people with disability to apply to class 1a, class 10a and the internal parts of a class 2 sole occupancy unit.

Building Appeals Board

Where uncertainty about the requirements for a particular design departure continues, the Building Appeals Board (BAB) exists to provide a determination.

An application may be made to the BAB to modify a particular clause of the regulations or Volume One or Two of the NCC or to determine that the design of a building complies with the Act, the regulations or Volume One or Two of the NCC.

Applicants must supply sufficient information on the proposed alternative for the BAB to determine whether to approve a modification to the livable housing requirements of the BCA. Advice should be sought from the RBS before considering an application to the BAB.

More information can be found on the BAB website.

Minimum requirements for design compliance with accessibility and provisions

The Better Apartment Design Guidelines under the planning scheme are still applicable and the building permit must be consistent in line with the Ministers Guideline 11, highlighting that the NCC provisions for livable housing applies to all sole occupancy units within a class 2 building.

The 1 May 2024 mandatory commencement of NCC 2022 livable housing provisions introduced new minimum performance requirements for class 2 dwellings in Victoria. Since 2017, class 2 dwellings in Victoria have been subject to accessibility requirements in addition to the NCC minimum requirements set through Victorian Apartment Standards.

Practitioner Education Series - Building: Livable Housing NCC 2022

The purpose of the webinar is to explore a variety of provisions related to commonly asked questions regarding the Livable Housing Standard.

The webinar presented by Senior Technical Advisor, Adam Cakmak aims to increase practitioner awareness of how to implement the Livable Housing Standard in various contexts.

The video is available to watch above or you can download the presentation slides.

The following answers have been provided to questions asked during the Building: Livable Housing NCC 2022 

Frequently asked questions