Answer first: On a NSW Class 2 apartment building, any design prepared for a performance solution is a regulated design under the DBP Act. It must be a report meeting NCC clause A2G2, be integrated into a registered practitioner’s declared design, and be lodged on the Planning Portal before the work it covers starts. Fire safety solutions also need FRNSW input.
By: giantA Pty Ltd · Updated 28 October 2026
What is a performance solution on a Class 2 building?
The Building Code of Australia (BCA, NCC Volume One) gives two ways to comply: a Deemed-to-Satisfy (DtS) Solution, or a Performance Solution. A performance solution is any method of meeting the NCC Performance Requirements other than the DtS provisions. On apartment projects they are common: extended travel distances to exits, a reduced fire-resistance level supported by sprinklers, an alternative smoke hazard management approach, a ceiling height below the DtS figure, or an access solution for a ramp or lift lobby.
The flexibility is real, but so is the paperwork. In NSW, Class 2 buildings (and Class 3, 9c and mixed-use buildings with those parts) are “regulated buildings” under the Design and Building Practitioners Act 2020 (DBP Act). The Act defines a regulated design as a design prepared for a building element or for a performance solution for building work. As the NSW Design Practitioners’ Handbook puts it: “If a design is prepared for a performance solution for building work, it is a regulated design.”
That means a performance solution is not just a consultant report sitting in the certifier’s file. It is part of the DBP Act declaration chain, alongside the building elements covered in our guide to Class 2 regulated designs and building elements.
Which NCC edition and process apply in NSW right now?
According to NSW Government guidance on the NCC, the edition in force in NSW is NCC 2022 Amendment 2 (from 29 July 2025). NSW has announced it will adopt NCC 2025 on 1 May 2027. Always confirm which edition applies to your CC application date with your certifier.
Under both editions, clause A2G2(4) sets a four-step process that every performance solution must follow, whatever its size. The ABCB’s Performance Solution process guidance summarises it as:
- Prepare a performance-based design brief (PBDB) with the relevant stakeholders — scope, relevant Performance Requirements, acceptance criteria, Assessment Methods and responsibilities.
- Carry out the analysis proposed in the PBDB — modelling, testing, calculations or other agreed methods.
- Evaluate the results against the PBDB acceptance criteria, revising the solution if they are not met.
- Prepare a final report identifying the Performance Requirements and DtS provisions involved, the Assessment Methods used, the steps taken, confirmation the requirement is met, and any conditions or limitations.
Assessment Methods can include evidence of suitability, a Verification Method, expert judgement, or comparison with the DtS provisions. Which one suits your solution is a technical judgement for the practitioner preparing it.
What must a performance solution report contain under the DBP Regulation?
The Design and Building Practitioners Regulation 2021 adds its own form and content rules. Section 4.1 of the Handbook explains that a regulated design for a performance solution must be a report that includes:
- plans or specifications showing the physical elements of the performance solution (if any);
- a description and justification of the solution, including the acceptance criteria and parameters relied on, the physical elements, any restrictions or conditions, and a copy of the brief the justification is based on;
- a statement that the solution complies with the relevant BCA Performance Requirements; and
- where relevant, the DtS provisions being varied.
The report must also meet the evidence requirements of BCA Volume One Part A2G2. In practice, a performance solution report (PSR) that skips the brief, leaves conditions vague, or does not name the DtS clauses it departs from is a weak link. It may delay the certifier, and it gives the builder nothing clear to build to.
Are any performance solutions excluded?
Yes, one narrow group. Electrical or plumbing work that is a performance solution, but is not for a building element, is excluded from being a regulated design (Handbook section 3.4). Anything touching fire safety systems, waterproofing, structure, the building enclosure, BCA-required services or vertical transport stays inside the scheme.
Who prepares and who declares a Class 2 performance solution?
This is where projects get tangled. Not every person who writes a PSR can be registered under the DBP Act, and not every PSR is declared in its own right. The Handbook (section 7.8) and the design compliance declaration guidance set out how it works:
| Performance solution | Typical preparer | How it enters the DBP declaration chain |
|---|---|---|
| Fire safety (fire engineering report) | Fire safety engineer | The engineer, registered as a design practitioner, declares it as a performance solution design compliance declaration (the guidance gives DCD-001P as the numbering example, with “F” selected for fire safety systems). Extra fire safety accreditation rules may also apply — see below. |
| Disability access | Access consultant | Access consultants cannot register as design practitioners. Their PSR is an undeclared regulated design. The architect or building designer incorporates it and declares the design, noting the performance solution and the specialist advice. |
| Ceiling height, exit layout and other architectural items | BCA consultant | The solution appears in the architectural drawings. The architect’s declaration covers the drawings, and the PSR is identified in the declaration’s “other performance solutions” section. |
| Solutions affecting services (e.g. extra sprinklers) | Fire engineer, with services engineer integrating | The services design that implements another practitioner’s PSR lists it, so anyone working on a later variation knows what the design depends on. |
The design compliance declaration form asks, at question 1, whether the design is a performance solution with or without a building element. A later declaration requires the practitioner to list other performance solutions incorporated into their design, with a description, the PSR’s reference, date and version, and who prepared it. That preparer may not be registered. The form also asks whether specialist advice was sought and considered, and whether the design accords with the Regulated Design Guidance Material.
The key rule from the Handbook: the building practitioner must hold declared regulated designs for any work involving a building element or performance solution. Those declared designs can incorporate specialist advice from disciplines that cannot register. If the PSR reference in the declaration is not the version the certifier approved, the chain is broken. Our guide to RDP, building practitioner and PDP roles covers who should be policing this.
What extra rules apply to fire safety performance solutions?
Fire safety solutions on Class 2 buildings sit under two regimes at once: the DBP Act, and the fire safety provisions of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 (DCFS Regulation). Handbook section 5.2 notes that a fire safety engineer preparing these reports may need registration under both the Building and Development Certifiers Act 2018 and the DBP legislation.
Who can endorse a fire safety performance solution report?
NSW Government guidance on fire safety practitioners says an accredited practitioner (fire safety) endorses fire safety PSRs. Section 18 of the DCFS Regulation requires certain larger-building reports to be prepared by a “recognised person” (such as a registered certifier – fire safety). Whether your building crosses those thresholds depends on its class, floor area, fire compartment size and the Performance Requirements involved, so confirm early with your fire engineer and certifier.
When must Fire and Rescue NSW be consulted?
Twice, at different points:
- During the PBDB. Under section 26 of the DCFS Regulation, for a Class 2–9 building where a construction certificate (CC) is needed for the work, the owner must make sure the person developing the PBDB for a fire safety performance solution asks for the Fire Commissioner’s comments while the brief is being developed. The FRNSW performance solutions guidance says requests go through its PBDB consultation form. FRNSW’s position statement treats the fire brigade as a relevant stakeholder in every fire safety performance solution on Class 2–9 buildings.
- At CC stage. Under section 27, the certifier must request an initial fire safety report (IFSR) from FRNSW for building work involving a fire safety performance solution. According to FRNSW’s IFSR service page, FRNSW confirms the receipt date within 2 business days, says within 10 business days whether it will provide an IFSR, and, if it does, provides it within 25 business days of receipt. The PSR submitted must be the same version as the one in the CC application.
FRNSW charges for both services. Check its current fees page rather than relying on figures from an old fee proposal. If performance solutions are added or amended later, including through a modification that leads to a new or modified CC, expect FRNSW consultation again.
For the DtS baseline these solutions depart from, see our explainer on Class 2 fire safety requirements under BCA Section C.
When does the performance solution need to be on the Planning Portal?
The NSW design obligations guidance says regulated designs and their design compliance declarations must be lodged on the NSW Planning Portal before the relevant building work starts. A certifier cannot issue a CC or CDC for the work without the declared designs. Our Class 2 construction certificate guide walks through that gate.
For a fire safety solution, that puts the order like this:
- Identify the departures from DtS early, ideally at DA design development.
- Prepare the PBDB, with FRNSW consultation for fire safety solutions.
- Complete the analysis and final PSR, then coordinate it into the architectural, structural and services drawings.
- Registered design practitioners declare their regulated designs, listing every PSR by reference, date and version.
- Lodge the declared designs on the Planning Portal.
- The certifier requests the IFSR, considers it and issues the CC.
- Build to the PSR’s conditions, recording any variations as you go.
- Before the OC, lodge final declarations reflecting what was actually built.
Leaving the PSR until after the DA drawings are frozen is a common cause of delay. The solution often changes walls, openings, sprinkler coverage or egress widths, and those changes ripple through every declared design.
What happens if a performance solution changes during construction?
Changes are where performance solutions most often fail. Under NSW building practitioner obligations, a variation involving a building element or a performance solution needs a new design compliance declaration, lodged on the Portal within one day. Work may need to stop until the varied design is declared. Variations that do not involve a building element or performance solution go into a variation statement, lodged before the OC application.
A product substitution such as a different fire door, a change of façade system, or a lift lobby rearranged on site can invalidate assumptions in a PSR. The fire engineer needs to confirm whether the solution still holds, and FRNSW may need to be re-engaged. See our guide to Class 2 design variations mid-build.
At completion, the final declarations need to match the as-built solution. Our Class 2 occupation certificate guide covers what must be lodged before OC. The fire safety measures relied on, including those from a performance solution, also carry into the fire safety schedule and ongoing maintenance for the owners corporation.
Why does this matter to developers and strata?
Performance solutions often save space, cost or time, but they shift risk onto documentation. Declared designs lodged on the Planning Portal can be reviewed by Building Commission NSW, so a PSR that is missing, out of date or not referenced in the declarations is easy to spot. Part 7 of the DBP Regulation also requires practitioners to keep records of their regulated designs and declarations for at least 10 years from completion of the building work. For strata buyers and owners corporations, the PSR conditions explain why the building was built the way it was, and what must not be altered later without fresh engineering. Keep them in the building manual. If you are doing work on an existing building, our Class 2 remedial building work guide explains how the DBP Act applies to that work.
Is the Building (Approvals and Practitioners) Act 2026 changing this?
Not yet. The Act passed in August 2026, but its main provisions await proclamation. Current Class 2 projects still follow the DBP Act and DCFS Regulation process described here. We will update this guide when commencement dates are announced.
Frequently asked questions
Is every performance solution on a Class 2 building a regulated design?
Almost always. A design for a performance solution for building work is a regulated design under the DBP Act. The main exclusion is electrical or plumbing work that is a performance solution but not for a building element.
Can an access consultant declare their own performance solution?
No. Access consultants are not a registrable class of design practitioner. Their PSR is an undeclared regulated design that the architect or building designer incorporates and declares, identifying the report in their declaration.
Does FRNSW have to approve a fire engineering report?
FRNSW does not issue the CC, but it must be asked for comments during the PBDB (DCFS Regulation s 26). The certifier must also request an IFSR (s 27) and consider it before issuing the CC, subject to the Regulation’s rules.
Can a performance solution be added after the construction certificate?
Yes, but it is a variation involving a performance solution. That needs a new declared design lodged on the Portal within one day, possibly a modified CC, and fresh FRNSW consultation for fire safety solutions. Work on that part may need to pause.
Which NCC edition should our PSR reference?
In NSW today it is NCC 2022 Amendment 2. NCC 2025 is due to commence in NSW on 1 May 2027. Confirm the applicable edition for your CC application date with your certifier.
Can a performance solution fix an existing building that was already built?
FRNSW’s position is that a performance solution cannot be applied retrospectively to completed building work, and it will not provide PBDB consultation where no building work is proposed. Remedial projects should define the actual building work first.
How giantA can help
We design and document Class 2 apartment and mixed-use projects across Greater Sydney. Our work includes coordinating fire engineering, access and BCA performance solutions into declared architectural designs that line up with the PSR versions the certifier holds. Our principal building designer is a NSW Registered Design Practitioner (DEP0001351). See our Class 2 building design service, check whether your project has mixed-use Class 2 parts, or ask giantA via Help.
Preferred sources (verify current versions)
- Design and Building Practitioners Act 2020 (regulated design, building element, performance solution)
- Design and Building Practitioners Regulation 2021
- Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 (ss 18, 26, 27)
- NSW Government — Design Practitioners’ Handbook
- NSW Government — Design obligations for regulated buildings
- NSW Government — Design compliance declaration guidance
- NSW Government — Fire safety practitioners
- ABCB — Understanding the Performance Solution process (A2G2)
- Fire and Rescue NSW — Initial fire safety report
- NSW Government — How to comply with the NCC (editions in force)