Accessibility in building design is often viewed as prescriptive, a matter of meeting gradients, clearances, circulation widths and fixture dimensions exactly as set out in the NCC and referenced standards. In many cases, that approach is entirely appropriate. The Deemed-to-Satisfy (DTS) provisions provide clarity, certainty and a straightforward pathway to approval. But not every building fits neatly within a prescriptive framework. 

Existing structures, heritage constraints, tight urban sites, complex refurbishments and specialised operational environments can all make strict DTS compliance impractical. Recognising this, the NCC allows an alternative pathway: the Performance Solution. When used properly, an Access Performance Solution preserves design intent while maintaining compliance integrity. When misunderstood or poorly executed, it can create approval delays, redesign risk and ongoing exposure under discrimination law. The difference lies in how it is approached. 

Performance-based design is not a relaxation 

The NCC is fundamentally a performance-based code. Compliance may be achieved either by following the DTS provisions or by demonstrating that the design satisfies the relevant Performance Requirements through an alternative method. 

This pathway is now referred to as a Performance Solution, although many industry practitioners will remember the earlier NCC terminology of ‘Alternative Solution’. The name change reflects the intent of the Code; the solution is not simply an alternative to the DTS provisions, but a structured method of demonstrating that the building achieves the required performance outcomes. 

A Performance Solution is therefore not a concession or a lowering of standards. It does not permit reduced accessibility outcomes simply because compliance is inconvenient. Instead, it requires the project team to demonstrate, through structured assessment and evidence, that the building will achieve the intent of the Code, even if it does so differently. 

For accessibility, this typically involves demonstrating compliance with the Performance Requirements that underpin provisions relating to accessible paths of travel, entrances, lifts, sanitary facilities and related elements referenced to standards such as the AS 1428 series. The critical issue is not whether a particular dimension differs from DTS provisions, but whether the building will, in practice, provide equitable, dignified and independent access. 

When a Performance Solution makes sense

Performance Solutions are most valuable where strict adherence to DTS provisions conflicts with the building’s constraints or purpose. In adaptive reuse and heritage projects, structural levels and protected fabric may make compliant ramp gradients or circulation paths physically impossible without disproportionate intervention. In education, healthcare or high-security environments, circulation strategies may need to balance access requirements with operational controls. In constrained commercial fit-outs, spatial limitations may make a prescriptive solution technically achievable but functionally compromised. 

In these situations, a performance-based approach allows the project team to step back and ask a more meaningful question: what outcome is the NCC seeking to achieve, and how can that outcome be delivered within the realities of this specific building? This approach can protect architectural intent, avoid unnecessary demolition, and reduce costly late-stage redesign. However, it only succeeds when supported by disciplined methodology. 

The importance of rigour

Where Access Performance Solutions fail is rarely in principle; it is in execution. A defensible solution must clearly identify the Performance Requirements being addressed and transparently document the DTS provisions that are not being followed. It must explain how compliance is being demonstrated, whether through comparison with DTS, evidence of suitability, expert judgement, or a combination of recognised assessment methods under the NCC framework. In summary, any assessment should respond to the following questions: 

• what is the purpose of the intended DTS provision? 

• why can’t it be provided? 

• what is being proposed (the alternative)? 

• why should it be deemed acceptable?  

If the author can clearly articulate their argument with these questions in mind, then the performance requirements can be justified. 

Equally important is the consideration of equity. An alternative design that technically provides access but results in segregation, reliance on staff assistance, or inferior user experience may satisfy a narrow interpretation of compliance but fall short of the broader intent of both the NCC and the Disability Discrimination Act (DDA). 

It is essential to recognise that NCC approval does not automatically eliminate DDA exposure. The DDA and the Premises Standards operate alongside the NCC. A building that achieves regulatory approval may still be subject to complaints if the access provided is not equitable in practice. Responsible advice must therefore consider not only approval risk, but also operational and legal risk over the life of the building. 

Performance-based compliance requires more than a report. It requires careful scoping, early engagement, structured reasoning and clear documentation of any ongoing management or operational conditions that form part of the solution. 

Why early integration matters

The most effective Access Performance Solutions are not developed as corrective measures after design is complete. They are identified early, scoped clearly and integrated into the design process from the outset. 

When considered during concept and schematic stages, performance-based strategies can inform spatial planning, circulation logic and building systems in a way that strengthens the overall design. When left until documentation or approval, they often become reactive attempts to justify decisions that were not originally tested against the Performance Requirements. 

Early collaboration between the design team, access consultant and approval authority reduces uncertainty and builds confidence that the proposed pathway is sound. It also provides greater certainty around cost, timing and buildability. 

Achieving flexibility without compromising inclusion

At its best, performance-based access design allows projects to respond intelligently to real constraints without compromising inclusion. It supports architectural integrity while maintaining regulatory certainty. Most importantly, it focuses attention on the lived experience of building users rather than solely on measurements. The objective is not to depart from the NCC, it is to meet its intent in a way that is appropriate, proportionate and defensible for the building. When approached strategically, Access Performance Solutions do more than unlock approvals; they help create built environments where all can flourish.