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HomeIndustryReal EstateBlogsOn Fear and Loathing on the NCC Reform Trail
On Fear and Loathing on the NCC Reform Trail
Real Estate

On Fear and Loathing on the NCC Reform Trail

•March 12, 2026
The Fifth Estate
The Fifth Estate•Mar 12, 2026

Key Takeaways

  • •HIA demands complete NCC overhaul, citing rigidity and cost
  • •States diverge on NCC implementation, causing regulatory fragmentation
  • •Performance‑based provisions increase project risk and expenses
  • •Treasury hires Brendan Coates to boost housing supply, tax reform
  • •Free standards proposal raises funding questions for taxpayers

Summary

The Housing Industry Association has called for a complete rewrite of the National Construction Code, arguing that its rigidity, cost and complexity are hampering productivity. A high‑profile debate in Sydney will spotlight the code’s shortcomings, including divergent state interpretations and the shift to performance‑based provisions. Treasury’s recent appointment of housing‑policy expert Brendan Coates signals a parallel push to accelerate housing supply through tax reforms such as ending negative‑gearing discounts. Together, these moves could reshape Australia’s building regulatory landscape.

Pulse Analysis

The National Construction Code (NCC) has become a lightning rod for builders, architects and developers who see it as an over‑engineered, costly obstacle to efficient construction. Recent feedback from the Housing Industry Association describes the code as ‘too rigid, too burdensome, and too expensive,’ blaming it for stagnant productivity and delayed projects. To address these grievances, a public debate hosted by Arup in Sydney will dissect the code’s relevance, explore simplification options, and invite stakeholders to propose a five‑year amendment cycle that could streamline compliance and reduce regulatory overhead.

Complicating reform efforts is the patchwork of state‑level interpretations that often diverge from the national standard. Property Council chief Michael Zorbas notes that planning controls, plumbing rules and other local frameworks add conflicting technical expectations, eroding the NCC’s uniformity. The shift toward performance‑based ‘deemed‑to‑satisfy’ alternatives has further inflated costs and risk for developers. Industry voices are also pushing for free access to Australian Standards, arguing that the current fee structure—sometimes exceeding $100,000 for a mandatory Regulatory Impact Statement—places an undue burden on smaller firms and taxpayers alike.

The Treasury’s decision to appoint Grattan Institute fellow Brendan Coates as head of housing delivery adds a policy dimension to the technical debate. A self‑identified YIMBY, Coates advocates increasing supply while simultaneously targeting tax levers such as the capital‑gains‑tax discount and negative‑gearing concessions, which he argues distort investment incentives. By redirecting the revenue from these reforms into social‑housing projects, the government hopes to ease affordability pressures without compromising construction standards. If successful, Coates’s dual focus on regulatory simplification and fiscal reform could set a new benchmark for coordinated housing and building policy in Australia.

On fear and loathing on the NCC reform trail

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