Under the National Construction Code (NCC), a Performance Solution is a valid compliance pathway, but it is not an exemption from providing access. A Performance Solution is simply an alternative method of achieving the same Performance Requirements that would otherwise be satisfied by following the Deemed-to-Satisfy (DTS) provisions.

For access, the NCC contains Performance Requirements dealing with equitable, dignified and safe access for people with disability to and within buildings. Whether a project relies on DTS provisions, Performance Solutions, or a combination of both, these Performance Requirements must still be met in full.

Because of this, a Performance Solution cannot be used to “opt out” of providing access without a clear, justified and documented basis that demonstrates how the proposal continues to comply with the relevant Performance Requirements. Cost, convenience, or design preference alone are not sufficient reasons.

Example – when access may be unreasonable or unsafe

There are limited cases where providing access for people with disability to a particular space may be unreasonable or unsafe, and therefore an exemption from access can be justified. A common example is a plant room or similar technical space where:

• The area is not intended for general public or staff use and is not normally occupied;
• Access is restricted to trained maintenance personnel only;
• The environment may contain significant hazards (e.g. high voltage equipment, exposed mechanical plant, confined spaces); and
• There is no legitimate expectation that a person with disability should need to enter that area to use or enjoy the building’s services.

In such a case, requiring full, equitable access (for example, providing compliant circulation or lifts solely to reach an isolated plant room) may pose an unnecessary risk to a person with disability or impose an unreasonable burden without delivering any real benefit.

In this context, a Performance Solution may justify not providing access to that plant room, provided that:

• The plant room is clearly identified as a restricted, non-public, non-occupied area;
• All services controlled from that space (e.g. switches, metering, interfaces) that occupants reasonably need to operate are available from accessible locations elsewhere; and
• The assessment clearly explains why access would be unsafe or unreasonable and demonstrates that the overall Performance Requirements for access to and within the building are still satisfied.

Performance Solutions must still meet NCC Performance Requirements

Even where an exemption like the plant room example is justified, the Performance Solution must still:

• Identify all relevant access-related Performance Requirements;
• Describe precisely what is being varied from the DTS provisions;
• Use appropriate assessment methods (e.g. expert judgement, comparison with DTS, risk analysis) to show the Performance Requirements are met; and
• Be properly documented so the building surveyor and other stakeholders can understand and rely on the outcome.

In short, Performance Solutions are about flexibility, not lowering standards. They allow different approaches where strict application of DTS is impractical, unsafe or unreasonable (such as a hazardous plant room), but they do not remove the obligation to provide equitable and dignified access wherever people with disability can reasonably be expected to go.