Skip to main content

Non-Conforming and Non-Complying Building Products

Risks and problems associated with the use of non-conforming and non-complying building products can affect the entire building and construction industry. This includes issues relating to health, safety, cost remediation and legal action. Most importantly, this issue can have significant impacts on the safety of the people who occupy buildings.

All those involved in the building and construction industry have a responsibility to be vigilant and to comply with legal requirements.

Ensuring building products conform and comply

Whether you are a consumer or a builder you can help mitigate and reduce the risk and issues associated with non-conforming and non-complying building products.

There are five key steps:

  1. Be informed about non-conforming and non-complying building products.
  2. Be involved in the building product decision making process.
  3. Be aware of the building regulatory systems.
  4. Be smart by using schemes that assure products.
  5. Get help when you need it.

What is a non-conforming or non-complying building product

A non-conforming building product is a product or material that:

  • claims to be something it is not
  • does not meet required standards for its intended use
  • is marked and supplied with the intent to deceive those who use it.

A non-complying building product is a product that is used in a situation where it does not comply with the requirements of the National Construction Code.

Responsibilities in the process

There are legislative measures that are already in place to help ensure that the building materials used meet the relevant state legislation, codes and standards. Everyone involved in the building and construction industry has a responsibility to ensure that achieving a cost-effective result does not lead to sub-standard or unsuitable products.

Anyone directly involved in purchasing products and materials needs to understand the various requirements that apply to those products and materials, and the evidence required to demonstrate compliance and conformance.

Consumers, assessment and approval authorities, builders and inspectors should follow these measures:

  • use or buy from reputable suppliers
  • do not use or approve specific products where the required compliance and conformance is not demonstrated
  • check that the product or material supplied and installed is what is nominated in the approved plans and specifications, and that appropriate evidence of conformity and compliance is provided
  • use materials, products and systems that have widely recognised industry certification or accreditation
  • obtain suitable evidence from the supplier and consider either undertaking an inspection or testing if evidence is not available or appears suspect.

National Construction Code

The National Construction Code (NCC) contains technical provisions for the design, construction and performance of buildings, including building products (excluding electrical and telecommunication products) throughout Australia. It comprises of:

  • Building Code of Australia (Volume One and Two of the NCC)
  • Plumbing Code of Australia (Volume Three of the NCC).

The general provisions regarding the acceptance of design and construction are found in Part A2 of Volumes One and Three and in Part 1.2 of Volume Two.

There are six different types of evidence that can be used to verify that a product conforms and/or complies with the NCC:

  1. CodeMark or WaterMark Certificate of Conformity
  2. certificate of accreditation from a state or territory accreditation authority
  3. certificate from an appropriately qualified person such as an engineer
  4. certificate from a product certification body accredited by Joint Accreditation Scheme of Australia and New Zealand (JAS-ANZ)
  5. report issued by a registered testing authority
  6. other documentary evidence.

Page last modified Friday, 16 March 2018