Non-conforming building products are products and materials that:
- claim to be something they are not
- do not meet required standards for their intended use
- are marketed or supplied with the intent to deceive those who use them
For example, a building product that is labelled or described as being non-combustible, but is combustible is a non-conforming building product.
Non-complying building products are products and materials that are used in situations where they do not comply with the requirements of the NCC. This may include products that comply with the relevant standards in terms of testing and/or marking but have been used in a location or situation for which the NCC states they are not suitable.
An example of a non-complying building product would include a building product that is combustible, and described as such, but is used in a situation where a non-combustible product is required under the NCC, so it is not fit for purpose and is therefore a non-complying product.
A building product or material can therefore be both non-conforming and non-complying.
When a concern or a problem is first detected with a building product or material it can be difficult to work out whether it is a non-conforming product or has been used incorrectly and not in accordance with NCC requirements which would then make it a non-complying building product. In many cases the same process of investigation or testing will need to be undertaken to find out whether the product or material is non-conforming and/or non-compliant.
The risks and problems associated with non-conforming building products (including those relating to health, cost remediation, safety, and legal issues) can consequently affect everyone and anyone in building and construction, including parties involved in designing and engineering, assessment and approvals, manufacturing or importing, buying, and selling, building, or occupying.
Ensuring building products conform and comply
To help reduce and mitigate risks and issues associated with non-conforming and non-complying building products, it is important to be aware of the different ways that help to ensure building materials meet the relevant codes, technical standards, and local laws.
Some measures that can be taken include:
- Only have dealings with reputable suppliers.
- Looking for materials, products and systems that have widely recognised industry certification or accreditation.
- Where appropriate, looking for materials, products and systems that have CodeMark or WaterMark certification.
- Checking 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.
- Obtaining suitable evidence from the supplier and consider either undertaking inspection or testing if such evidence is not available or appears suspect.
- Not using specific products, in cases where the required compliance and conformance is not demonstrated.
National Construction Code requirements
The NCC sets out the minimum requirements for the design, construction and performance of buildings including building products (excluding electrical and telecommunication products) throughout Australia.
The NCC is comprised three volumes:
- The Building Code of Australia (BCA) – Volumes 1 and 2; and
- The Plumbing Code of Australia (PCA) – Volume 3.
The general provisions regarding the acceptance of design and construction are found in Part A2 of Volumes one and three and Part 1.2 of Volume two of the NCC. These sections of the NCC can be accessed and downloaded from the Australian Building Codes Board website.
There are five different types of evidence that can be used to verify that a product conforms and or complies with the NCC:
- CodeMark or WaterMark Certificate of Conformity.
- Certificate from an appropriately qualified person such as an engineer.
- Certificate from a product certification body accredited by Joint Accreditation Scheme of Australia and New Zealand (JAS-ANZ).
- Report issued by a registered testing authority.
- Other suitable documentary evidence which is deemed acceptable by the relevant decision maker(s).
Product assurance
There are a range of methods and schemes that can be used to test and prove that a building product or material is genuine and will do what it is made to do.
A detailed list and description of each of the schemes can be found in the Australian Procurement and Construction Council (APCC) Procurement Guide on the APCC website.
How to report and provide information regarding non-conforming building products
If you wish to provide any information about a non-conforming building product that you have come across within Western Australia, please email the relevant information to NCBPs@demirs.wa.gov.au.
