Non-conforming Building Products

Non-conforming building products (NCBPs) and materials are those that:

• claim to be something they are not
• do not meet required standards for their intended use, or
• are marketed or supplied with the intent to deceive those who use them.

This is different from non-compliant products (NCPs), which are products or materials that do not comply with the requirements of the National Construction Code (NCC) when used in specific situations.

For further information, refer to the Guide to Australian building product conformity. This guide helps practitioners and businesses make sure they’re only using building and construction products and materials that: 

• are fit for purpose
• conform and comply with Australian building laws and standards
• meet any other applicable local requirements. 

NCBPs

A building product that is labelled or described as non-combustible, but is actually combustible, is considered a non-conforming building product. This means the product misrepresents its properties and does not meet the required standards for its intended use.

NCPs

A building product that is correctly described as combustible but is used in a situation where a non-combustible product is required under the National Construction Code (NCC), is considered non-compliant. In this case, the product may be accurately described, but its use does not comply with NCC requirements, making it not fit for purpose.

The requirements for building product compliance and conformance are established through:

• the National Construction Code (NCC)
• state and territory building and planning laws
• specialist regulatory regimes.

National Construction Code (NCC)

All building products and materials must be ‘fit for purpose’ under the NCC. The NCC requires that evidence of suitability be provided to demonstrate that a material, design, or construction method meets either a Performance Requirement or a Deemed-to-Satisfy (DTS) Provision.

State and territory building and planning laws

Each jurisdiction gives legal effect to the NCC through its planning and building legislation. These laws generally require:

• compliance with the NCC as a condition for planning and building approval
• selection of products that are fit for purpose
• oversight by the relevant planning and/or building regulator, who is responsible for ensuring compliance and conformance of building products used in construction.

Specialist regulatory regimes

In addition to building and planning laws, some products and materials are regulated under specialist regimes, including:

• consumer law
• electrical safety regulations
• gas safety regulations.

These regimes may impose additional requirements to ensure product safety and suitability.

Manufacturers are responsible for ensuring that the products and materials they produce comply with:

• the National Construction Code (NCC)
• relevant standards
• local laws
• any specific performance or safety requirements.

Manufacturers must also:

• provide evidence of compliance, which may involve product testing, assurance processes, and formal certification
• clearly state how products should and should not be used, helping prevent misuse and ensuring proper application
• supply accurate compliance and conformance documentation, including any limitations or conditions of use for each product or material.

By meeting these responsibilities, manufacturers support safe, lawful, and effective use of their products in the building and construction industry.

Importers, wholesalers, distributors, and retailers are responsible for ensuring that the products and materials they supply:

• comply with trade and consumer laws, as well as any industry-specific safety and performance requirements
• include accurate conformance information, including any limitations or conditions of use for each product or material, and
• meet specific regulatory requirements, especially for products such as consumer gas and electrical items, which may require independent testing and certification before they can be lawfully sold.

By fulfilling these responsibilities, suppliers help ensure that products used in construction are safe, suitable, and legally compliant.

Architects, designers, engineers, and other specialists involved in planning, designing, and constructing buildings are responsible for ensuring that any products, materials, or systems they specify or approve:

• are appropriately approved for use under relevant regulations
• are fit for purpose, meaning they are suitable for their intended application
• meet the performance requirements outlined in the National Construction Code (NCC), applicable standards, and laws.

By carefully selecting and approving products and systems, these professionals help ensure buildings are safe, compliant, and perform as intended.

Procurement plays a key role in ensuring that the right products and materials are sourced and used in construction projects. If you're involved in sourcing or purchasing, you are responsible for:

• understanding compliance and conformance requirements, including how products must meet the National Construction Code (NCC), relevant standards, and laws
• obtaining and verifying evidence of suitability, such as certifications, test reports, or product documentation
• knowing how products and materials should and should not be used, to help prevent misuse and ensure they perform as intended.

By fulfilling these responsibilities, procurement professionals help safeguard the quality, safety, and regulatory compliance of construction outcomes.

Approvers and certifiers play a crucial role in ensuring that building and construction projects meet all relevant Codes, standards, and legal requirements. Their responsibilities include:

• reviewing plans and specifications to confirm compliance with regulatory frameworks
• inspecting critical aspects of construction, where applicable, to identify signs of non-compliant or poorly used products and materials
• being vigilant about product suitability, including seeking evidence of compliance or certification when necessary.

By fulfilling these responsibilities, approvers and certifiers help uphold safety, quality, and regulatory integrity throughout the construction process.

Builders and specialist tradespersons play a critical role in the construction process by installing and working directly with products and materials. While builders are not solely responsible for ensuring product compliance, they carry much of the risk and responsibility as they carry out the building work.

Builders are also most likely to be tasked with rectifying issues that arise from using unsuitable products or poor installation practices. Therefore, before any product or material is used, builders and tradespersons should be confident in its suitability for the intended purpose.

By taking this responsibility seriously, they help ensure the quality, safety, and compliance of the finished building.

Developers and builders are responsible for ensuring that cost management decisions do not compromise the performance or compliance of selected building materials. Their responsibilities include:

• maintaining performance standards, even when managing budgets
• ensuring that certificates of compliance for purchased and installed materials align with the approved certification documents and building approvals, and
• keeping documentation with the contract records and providing it to the building owner upon completion of the building work.

By fulfilling these responsibilities, developers and builders help ensure that buildings meet regulatory requirements and maintain long-term quality and safety.

Homeowners and occupants play a vital role in the building and construction process. As the people who ultimately fund the work and live, work, or play in the completed building, they must:

• understand the risks of non-complying and non-conforming products, which can compromise safety, performance, and long-term value
• engage qualified professionals who have the expertise to carry out their roles skilfully and in compliance with regulations
• make informed decisions as consumers, ensuring that the pursuit of cost-effective outcomes does not lead to the use of sub-standard or unsuitable products.

By taking these responsibilities seriously, homeowners and occupants help ensure that buildings are safe, durable, and fit for purpose.

Consumers have an important role in ensuring building work is carried out properly and in compliance with regulations. To do this, they should:

• engage qualified and experienced building professionals who are obligated to use products that comply with the National Construction Code (NCC), relevant laws, and standards
• verify licensing, accreditation, or registration requirements with the building regulator in their state or territory, and only work with legitimate, reputable traders
• seek advice from the building regulator, who can provide guidance on contracts, insurance, statutory warranties, and other legal obligations
• ask questions and request evidence from builders and tradespeople to confirm the suitability and compliance of the products being used
• understand compliance requirements when directly purchasing products or materials, including the type of documentation needed to demonstrate conformance with the NCC and other standards.

By taking these steps, consumers help ensure that building work is safe, lawful, and of high quality.

Building products or materials must perform as required, and comply with the National Construction Code (NCC), relevant standards, and Australian laws.

To help verify that a product is genuine and suitable for use, there are several recognised methods and schemes that provide evidence of compliance and conformance.

Six types of evidence that can demonstrate product compliance with the NCC:

1. Certificate of Conformity issued under the CodeMark or WaterMark schemes.
2. Certificate of Accreditation from a state or territory accreditation authority.
3. Certificate from an appropriately qualified person, such as a professional engineer.
4. Certificate from a product certification body accredited by JASANZ.
5. Test report from a registered testing authority.
6. Other documentary evidence, such as technical specifications or manufacturer declarations.

Where to find more information

• The Housing Industry Association offers information sheets to help determine whether a product is fit for purpose.
• NATSPEC maintains a National Construction Product Register, listing products with evidence of conformity to relevant Australian and international standards.

If you believe a building product or material may be non-conforming or non-complying, there are several steps you can take to report your concerns or seek advice.

1. Contact your local building regulator

Visit the State and territory building and plumbing administrations contact page and select your state or territory. This will redirect you to the relevant building regulator for your location, who can provide guidance or investigate the issue.

2. Submit an enquiry or report

You can also complete the NCBP query/Suspected NCBP form to submit an enquiry or report. This form will be forwarded to the appropriate regulator in your jurisdiction for follow-up.

3. Seek advice from consumer protection agencies

Your state or territory’s consumer protection agency may also provide support and information about your rights and responsibilities. These agencies include:

• City and Environment Directorate
• Consumer Affairs Victoria
• Consumer and Business Services SA
• NSW Fair Trading
• NT Consumer Affairs
• Office of Fair Trading Queensland
• Tasmanian Consumer Affairs and Fair Trading
• WA Department of Commerce

Visit the ABCB website to lodge a query or report for a suspected NCBP.