Whilst we wait to see if the rumours of the application of NCC2025 being pushed back to a later date than 1 May 2026, we thought it better to remind everyone in NSW as to how to determine what NCC/BCA is applicable to your project.
At a high level there are four main types of development/construction approval where there is a specific date relating to which version of the NCC/BCA is applicable.
These are:
- Exempt Development;
- Complying Development;
- Construction Certificate Approval (after a DA, of course); and
- Crown Certification.
Each have their own process of establishing the date where the applicable version of the NCC/BCA for the building work is set.
Exempt Development
The requirements for compliance with the NCC/BCA for exempt development sit within the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, otherwise known as the Codes SEPP.
Within the Codes SEPP exempt development is required to comply with the NCC/BCA.
The version of the NCC/BCA applicable to exempt development, is that version that is applicable when the work is carried out.
Complying Development
The Environmental Planning and Assessment Regulation 2021 sets out in Regulation 137 Compliance with the Building Code of Australia that a certifier must not issue a complying development certificate for building work unless the building, not including a temporary building, will comply with the relevant requirements of the Building Code of Australia, as in force at the time the application for the certificate was made.
Construction Certificate
The Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 sets out in Regulation 19 Compliance with development consent and Building Code of Australia that a certifier may not issue a construction certificate unless the building work will comply with the relevant requirements of the BCA as in force on the relevant date.
The relevant date is then defined as:
(a) the day on which the application for the construction certificate was made, or
(b) if the building is a multi-storey building and a construction certificate has been issued under the same development consent for building work involving the entrance floor–the day on which the application for that construction certificate was made.
This means if you are looking to build a multistorey building, the application for the construction certificate that includes the entrance floor locks in the version of the NCC/BCA applicable to the remainder of the build.
Of note is that the entrance floor of a multistorey building is the floor containing the principal pedestrian entrance.
Crown Certification
The Environmental Planning and Assessment Act 1979 sets out in Section 6.28 Crown subdivision, building, demolition and incidental work that Crown building work cannot be commenced unless the Crown building work is certified by or on behalf of the Crown to comply with the Building Code of Australia in force as at:
- the date of the invitation for tenders to carry out the Crown building work; or
- in the absence of tenders, the date on which the Crown building work commences, except as provided by this section.
As of 29 July 2025, through to now, NCC/BCA 2022 Amendment 2 is applicable in NSW.