WA Government Issues Bulletin On Performance Solutions

Guidance on developing performance solutions for housing projects

A major concern in the industry is poor installation or workmanship. Particularly work which isn’t carried out according to manufacturers’ installation manuals and associated building regulations.

Owners of residential properties may feel concerned about works or solutions. As a result, we advise you to employ the services of a registered building surveyor to carry out an audit of the building construction at various key stages. In addition, owners should ensure that all workmanship has been carried out in accordance with the National Construction Code (NCC) and any relevant Australian Standards. The WA Department of Mines, Industry Regulation and Safety look after complaints relating to these matters.

Site-specific performance solutions 

The WA Department stresses that performance solutions are site-specific. Furthermore, performance solutions should not be used as a pseudo “deemed-to-satisfy solution”. Or used as a last-minute fix to poor design or construction.

This statement follows recent concerns raised within the industry over current performance solution guidelines. As stated in the NCC Volume 2 (concerning residential properties), there are particular applications of the NCC when developing site-specific solutions for:

• Termite management
• Corrosion protection
• Gutter installation
• Weatherproofing and masonry 
• Waterproofing of bath and shower installations

The Department has identified that these areas require further clarification. Developing a performance solution can be complex, so it can be hard for building surveyors to be aware of any shortcomings unless they audit the construction. Currently, in WA there are no legislated mandatory inspections for Class 1 residential buildings.

For example, termite management across residential property classifies under part 3.1.3 of NCC Volume 2. This section of the NCC focuses on the impact of termites on ‘primary building elements’. Namely, load-bearing timber. In this case, performance requirements are satisfied if ’a termite management system is installed in a class 1 or 10 building to minimise the risk of termite attack to primary building elements in accordance with AS 3660.1.’ However, suppose a builder does not adequately cater for this performance requirement. In that case, it won’t be easy to apply a satisfactory performance solution after construction completion.

Experts and state registration 

Building surveying practitioners, builders, painters, plumbers and electricians must be registered in WA. However, other trades such as concrete workers, bricklayers, tilers, roof carpenters, roof tilers and associated trades are not required to be registered. Meaning in WA, you can have a dwelling built to a certain extent without the involvement of a registered tradesperson. 

The foundation is the most important part of any dwelling. Yet, the foundation can be completed by virtually anyone, as no registered trades are required.

In Australia, building surveyors are generally responsible for approving a performance solution as part of issuing a certificate of design compliance. However, the bulletin notes that some performance solutions may also require approval from a relevant authority before the certificate can be approved and issued.

Registered building surveyors and performance solutions

Where the assistance of an expert is required, it is ultimately the role of a registered building surveyor to determine ‘whether the person undertaking an expert judgement is an expert’. Furthermore, it is their responsibility to evaluate whether their area of expertise is ‘directly relevant to the performance solution.’

At Hendry, we can provide services across Australia for expert assessment, performance solutions, building surveying and compliance certification. As a result, we can provide quality assurance across all of our performance solutions and can provide a peer review service for other practitioner’s performance solutions.

When providing a performance solution, records are highly recommended by the WA Department to assist in the delivery of a compliant solution and to provide evidenced justification as required. Recommended records include:

• Details of the relevant performance requirements
• Assessment method(s) used to establish compliance
• Details of any expert judgement. This must include the expert’s qualifications and experience, justification for their assessment and the ‘extent to which the judgement was relied upon’
• Details of any test or calculations used to determine the solution and its compliance
• Details of any standards or other information which were relied upon
  
  

It is a requirement that a performance solution is identified and detailed on the plans and specifications forming part of a building permit application.

The bulletin provides further clarification on current industry guidelines recommended by the WA Department. In addition, the bulletin refers to the Australian Building Codes Board ‘Development of Performance Solutions’ guidelines and ‘Understanding the NCC’ for assistance in using the various assessment methods outlined in the NCC.