DtS vs performance: which to use and when?

The National Construction Code (NCC) is a performance-based document that permits deemed to satisfy solutions (DtS), performance solutions, or a combination of both, to satisfy the NCC Performance Requirements.

The introduction of a performance solution pathway was intended to provide flexibility for designers and deliver alternatives to the DtS.

However, the Centre for International Economics (2012) found that only 50% of the NCC’s potential benefits ($1.1 bn) are being realised, prompting the ABCB to launch an initiative to encourage the increased use of performance solutions.

Central to this is the need to increase the level of assessment, given that performance solutions, unlike DtS, may not carry a government-endorsed level of safety.

Without such backing, performance solutions are less appealing, a problem that has been exacerbated by fallout from the current cladding crisis.

This presentation explores the limitations of a deemed to satisfy pathway, when a performance solution is appropriate, and how it should be developed.


Kingsley Lunt

Manager Building Surveying, Hendry

With over 20 years of experience, Kingsley brings an extensive knowledge of Building Regulations, and the BCA honed across work in certification, building control and surveying. Managing the NSW Building Surveying Department, Kingsley works directly with our clients to satisfy the performance criteria of the BCA and the overarching objectives to improve compliance across the built environment.

He has lent his knowledge and perspective to leading industry bodies, including giving expert advice to the Fire Protection Association of Australia for the NSW government recognised Fire Service Maintenance and Assessment Scheme, representing the industry as a spokesperson for Royal Institute of Chartered Surveyors, giving counsel to the

NSW Office of Fair Trading for the Certifiers Practice Standard 2020, policy meetings for the Western Australian Department of Fire and Emergency Services and State Building Commission.

Further to this, Kingsley has successfully proposed changes and improvements to the Building Code of Australia. He has worked on numerous landmark projects in Australia and Europe, including the Royal Houses of Parliament redevelopment, the Royal Wharf development (largest residential project in the UK), the Olympic Park and the  Sydney University Healthcare Training Precinct funded by the late philanthropist Susan Wakil.