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Performance Solutions

Technical insights

Rohan Easwaran

Accessibility Engineer

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Rohan Easwaran

Accessibility Engineer

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1. Understanding Performance Solutions – A Broader Compliance Pathway

In every building project, compliance with the National Construction Code (NCC) is non-negotiable. But how we achieve that compliance depends on the stakeholders who are involved in the projects and their needs.

For most projects, defaulting to the Deemed-to-Satisfy (DtS) Provisions, a prescriptive, one-size-fits-all checklist may be suitable approach. The Romans, for example, achieved enduring feats of engineering such as aqueducts, colosseums and amphitheatres by adhering to strict design rules and proportions. These rules were the “DtS” of their time, structured, reliable and proven to deliver buildings that still stand today.

Yet even the Romans had to adapt when faced with new terrains, materials or civic demands. They modified their designs while still meeting the underlying intent of safety, function and durability.

This is the essence of a Performance Solution. Defined under Clause A2G2 of the BCA 2022, a Performance Solution is an alternative compliance pathway that allows you to meet the Performance Requirements in a way that is equal to or better than the DtS approach.

2. What Are the Performance Provisions for Accessibility Trying to Achieve?

At the heart of the BCA’s accessibility provisions, particularly Part D4, Part E3, and Part F4 is one clear objective, to ensure equitable, dignified, and non-discriminatory access for all occupants. That means:
  • People with disability should be able to enter, use, and leave a building independently;
  • Sanitary Facilities, Car parks, lifts and the like should be functionally usable, not just tick-box compliant; and
  • The built environment must align with the spirit and intent of the Disability Discrimination Act 1992, not just
The BCA’s Performance Requirements define outcomes that can be met either by following DtS clauses or by using a Performance Solution tailored to project needs for more functional and inclusive results.

3. Why Early Design is Critical and Where Performance Solutions Add Value

Performance Solutions aren’t just a backup plan when compliance gets hard, they’re a strategic tool. But to be effective, they must be integrated early, during the concept and schematic design phase.
When we’re engaged at the Development Application (DA) or Concept Design (CD) stage, our team conducts a detailed review of the proposed architectural drawings against the prescriptive performance requirements of the BCA, to identify where a performance-based approach could work synonymously with the design. This early review allows us to flag issues that may otherwise lead to design rework, cost implications, or non-compliances down the track.
By identifying these opportunities early, we can shape solutions that work with the design not against it. Once the project moves into Detailed Design (DD) and Construction Completion (CC) phases, these performance approaches are already embedded, working in sync with the architectural and functional intent.
The below examples demonstrate how a performance solution can not only reduce risk but also enhance the design leading to accessible and inclusive spaces for all occupants.
  • Gender Inclusive Sanitary Facilities: While the BCA requires sanitary facilities to be for the exclusive use for Males & Females, a performance solution can support the use of a Gender Neutral/ All Gender Inclusive sanitary facilities within buildings.
  • Unique site conditions: The BCA requires handrails on both sides of stairways with extensions at landings, but site conditions can make this difficult. A Performance Solution can demonstrate compliance by showing how the design meets the performance requirements while addressing conflicts with the path of travel.
  • Integrated technology: Class 9b assembly buildings such as schools, auditoriums or the like are required to be provided with an inbuilt hearing augmentation system. A performance solution can ensure that assistive hearing aid technologies can be incorporated into the design, to ensure occupants get a personalised/ tailored approach to their needs. 
  • Built To Rent Accommodation & Hotel Units: Standard accessible unit layouts often don’t suit short-stay models or Build-to-Rent developments. By using performance-based approaches, we help teams design units that reflect actual occupant behaviours, optimising space, improving usability, where compliance can be achieved through adapting the special requirements for the user.

There are hundreds of avenues that can be explored with the adoption of a performance solution approach to the design.

4. What a Good Performance Solution Looks Like (And How It's Developed)

From an accessibility perspective, the strength of a Performance Solution lies in how it’s developed, how it’s assessed, and how well it aligns with the Performance Requirements of the NCC.
We typically structure and deliver a performance report as below:
  • Preliminary Review & Design Context: We start by gathering all available design documentation, architectural drawings, and site-specific conditions, including constraints like heritage overlays, site topography, construction methodology and spatial limitations.
  • Preparation of a Performance-Based Design Brief (PBDB): In accordance with Clause A2G2 of the BCA, we prepare a Performance-Based Design Brief (PBDB) in collaboration with the design team and stakeholders. This brief identifies the relevant Performance Requirements of the NCC, outlines the proposed design approach, outlines the proposed assessment approach, lists the implementation/ construction requirements needed to support the performance solution (e.g. any additional construction elements, signages, access management plan, etc).
  • Develop the Performance Solution (PS) Report: Once the PBDB has been accepted by all the relevant stakeholders for a project, we proceed to the Performance Solution Report, which formally documents, the method of assessment used (typically one or a combination of comparison to Deemed-to-Satisfy, Expert Judgement, or Verification Methods), a clear evaluation of the proposed design against the NCC’s Performance Requirements and any supporting evidence such as spatial usability studies, user testing, technical comparisons, or reference to international standards and peer-reviewed research. 
  • Integration with Final Design Documentation: Finally, we work with the design team to ensure the performance solution is fully integrated into the construction documentation set drawings, specifications, reports so there are no disconnects between the written justification and the built outcome.

5. Conclusion

Australia’s construction sector is under pressure, from housing affordability to modular delivery and tighter timeframes. In this climate, rigid compliance pathways often don’t work.
Performance Solutions offer design teams the flexibility to respond to real-world constraints while still meeting the intent of the NCC and DDA. They’re not loopholes, they’re opportunities to improve design quality, reduce risk, and create spaces that are genuinely inclusive.
Done right, Performance Solutions help us go beyond compliance, to build smarter, think bigger, and deliver outcomes that meet both code and community expectations.
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Ellie is the powerhouse behind DC Partnership’s financial, operational and people performance. With over a decade of experience in consultancies, startups and corporate environments, she’s a master at combining big-picture strategy with hands-on problem-solving. Since joining DC Partnership in 2021, Ellie has streamlined operations, expanded the company’s footprint and kept everything running smoother than ever. A champion of diversity, inclusion and female leadership, Ellie is all about creating a workplace where everyone feels valued—and where no challenge is too big to tackle.