When a Building Doesn't Meet the Letter of a Standard

September 7, 2026
•
5
min read

If you've been told part of your building doesn't meet the exact wording of a fire safety standard, it's easy to assume the only fix is expensive structural rectification. For many building owners, that's the first and only option they're offered, and it's often the moment a straightforward compliance issue turns into a costly, stressful project.

That isn't always the case. The National Construction Code (NCC) allows for what's called a performance solution. Instead of meeting the written figure exactly, you show that an alternative still achieves the safety outcome the Code aims for, and the approach is then assessed and approved. Building owners are sometimes wary, but it's a recognised part of how compliance works in Australia. 

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Why Standards Aren't Always a Perfect Fit for Every Building

Australian Standards set precise requirements: a clearance distance, a fire rating duration, a specific configuration for a particular type of system. These figures are written to apply broadly, across an enormous range of building types, ages and layouts, which means they can't account for every possible real-world scenario.

In practice, existing or as-built buildings, particularly older ones or those with unusual layouts shaped by decades of renovations and changes of use, can fall just outside those exact figures in ways that don't necessarily affect safety. Requiring full rectification for every minor variance would be disproportionately costly for many building owners, and the building may still be safe and compliant.

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What a Performance Solution Actually Is

A performance solution is an alternative approach, developed by a qualified fire safety engineer, that demonstrates a level of safety at least equivalent to strict compliance with the written requirements. Rather than treating every deviation as a hard fail, the fire engineer looks at what the standard is actually trying to achieve, the underlying safety outcome, and assesses whether the alternative delivers that outcome just as effectively, even if it doesn't match the standard word for word.

This might involve additional testing, modelling or documentation to demonstrate the equivalent outcome, and the process is rigorous. It isn't a matter of simply asking for an exception. It's a formal engineering assessment that has to stand up to independent review before it's approved.

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Who's Involved and Who Makes the Final Call

A mechanical contractor can't determine this alone, and it shouldn't. In NSW, an accredited fire safety engineer develops a performance solution for fire safety; Fire and Rescue NSW is consulted on the design brief and assesses the final performance solution report, and the certifier must have that report before approving the work. That independent, multi-party review is what gives the outcome its credibility.

Our role, as part of our mechanical fire safety work, is to identify where this pathway may apply, gather the technical evidence needed to support the case, and work directly with a fire engineer to progress it through to an approved outcome. We're not the ones making the final compliance call; we're the ones making sure the right information gets in front of the people who do.

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Why This Approach Protects Building Owners

This isn't about avoiding compliance. It's about avoiding disproportionate costs for issues that don't materially affect safety, while still achieving an approved, documented result you can rely on if it's ever questioned down the track.

For a building owner facing a rectification quote that feels out of step with the actual issue, such as major works to correct something that sits only marginally outside the written standard, it's worth asking whether a performance solution could be the more sensible path. In many cases it is, and pursuing it properly can deliver substantial savings without compromising on safety.

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How We Approach It‍

We look at every compliance issue on its merits. Where a performance solution makes sense, we'll say so, and work with the right fire engineer to see it through the approval process properly. We won't recommend a costly rectification path where a legitimate, less disruptive alternative exists, and equally, we won't suggest a performance solution where the safety case doesn't support it.

If you've received a compliance recommendation that feels disproportionate to the issue at hand, talk to the team before committing to expensive rectification work. It costs nothing to have the conversation, and it may save you far more than that.

Talk to the team about your Mechanical Fire Safety needs.

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Adam Stephens
Director – Construction Manager/AFSS
Adam Stephens is Managing Director of Axis Align. He brings over nine years of leadership experience in air conditioning and mechanical services, and oversees the delivery of energy-efficient, sustainable mechanical services for commercial buildings across the Illawarra and South Coast.