Transitional arrangements

The Modern Homes provisions are the NCC 2022 Energy Efficiency and Livable Housing Design provisions, as well as improved condensation management measures, that will apply to homes and apartments from 1 October 2024.

A general concession applies to new homes and apartments where a development application (planning or building consent) has been lodged prior to 1 October 2024.

This concession for Class 1 homes and Class 2 apartments means that:

  • energy efficiency is considered under NCC 2019.
  • livable housing design provisions do not apply.

The concession to the NCC 2022 energy efficiency requirements for thermal performance (7-star) allows some homes to be built to the NCC 2019 thermal performance requirements (6-star). They must still comply with the NCC 2022 energy usage and condensation management requirements.

This concession applies to new Class 1 homes to be:

  • constructed on a small or irregular allotment created as part of a land division application lodged prior to 1 January 2024 – application for building consent must be lodged prior to 1 January 2027
  • constructed on an existing small or irregular allotment as of 1 October 2024
  • used as workers’ accommodation or tourist accommodation
  • located in the Master Planned Neighbourhood Zone of Mount Barker – application for building consent must be lodged prior to 1 May 2026
  • manufactured off-site with a floor area of 60 square metres or less
  • manufactured off-site and located in a designated location.

The concession means that the new livable housing design requirements do not apply to some homes. These homes must still provide wall reinforcement to facilitate the future installation of grab rails.

This concession applies to new Class 1a homes:

  • constructed on a small or irregular allotment created as part of a land division application lodged prior to 1 January 2024 – application for building consent must be lodged prior to 1 January 2027
  • constructed on an existing small or irregular allotment as of 1 October 2024
  • used as workers’ accommodation or tourist accommodation
  • manufactured off-site with a floor area of 60 sqm or less.

Lodged means submitted, verified in the PlanSA e-planning system and all fees paid. Please note that this process can take up to two weeks to finalise.

Small allotment means an allotment with a primary street frontage of 10 metres or less.

Irregular allotment means an allotment with an area less than 300 square metres which is unable to contain a 9 metre x 15 metre house beyond the primary setback.

Manufactured off-site means a transportable building or tiny house without wheels.

Designated area means Climate Zone 4, a local government area listed in Table A, or an area not located with a local government area.

Table A
Ceduna CouncilKangaroo Island CouncilPeterborough Council
Cleve CouncilKaroonda East Murray CouncilSouthern Mallee Council
Coorong District CouncilKimba CouncilStreaky Bay Council
Elliston CouncilLower Eyre Peninsula CouncilTatiara Council
Flinders Ranges CouncilMid Murray CouncilTumby Bay Council
Franklin Harbour CouncilMount Remarkable CouncilWudinna District Council
Goyder CouncilOrroroo Carrieton Council

Further information

Further information on the concessions, together with additional modifications to further clarify the South Australian variations for flood prone areas, wet areas and the fire safety concession for carports/verandahs, is available in Ministerial Building Standard MBS 007 Modifications to the Building Code of Australia.