Update to the Disability (Access to Premises – Buildings) Standards 2010

​The Disability (Access to Premises - Buildings) Standards 2010 (APS), a legislative instrument made under the Disability Discrimination Act 1992 (DDA), first came into effect in 2011. The key objects of the APS are to ensure that dignified and equitable access to buildings and facilities is provided to people with a disability. The APS also intends to give certainty to building certifiers, developers and managers regarding their obligations in providing such access.

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​The APS was recently updated further to the Department of Industry, Science and Resources having completed its scheduled review of the Standard in 2021.
The main change has been the updated reference to Australian Standard AS 1428.1 from the previous version from 2009 to the current 2021 version.
Also important, however, is that the updated version of AS2890.6 has not been referenced. AS 2890.6 relates to off street car parking for people with disabilities. The retained reference is to its 2009 version and not the current 2022 version.

​While progressing to updated and evolving Standards is usually welcome by all, there is an added complication when considering legislation associated with accessibility in the built environment.

Soon after the enactment of the APS in 2010, the National Construction Code (NCC) and State Based Regulations were also updated to harmonise these as much as practicable. The intent being that achieving compliance with one would effectively also mean compliance with the other.

At the time the APS Access Code was adopted in the relevant sections of the NCC, while the Building Regulations of some States attempted to incorporate several DAPS inclusions which didn’t necessarily ‘fit’ into the structure of the NCC (e.g. several exemptions, the ‘affected’ and ‘new’ parts definitions, etc.).

Moving forward to today, updating one and not the other has consequently raised concern across the industry given the two pieces of legislation would no longer align. The concern being that achieving compliance with the APS for a particular project would consequently also mean producing a series of performance solutions to demonstrate compliance with the NCC and gain a building permit for the project.

To alleviate some of these concerns the Australian Building Codes Board (ABCB) have since released a communication to clarify their position on the issue[1].

In summary, their response clarified that the amended APS was tabled in parliament on 26 November 2024, and that 15 sitting days must pass without motion before the amendment becomes law. The ABCB have consequently advised that once the 15 sitting days have elapsed, and the updated APS becomes law, the BCA will be updated immediately to reflect the changes included in the updated APS.

Given the impending release of the updated NCC in May this year, we anticipate it is more likely that should the parliamentary process proceed without repeal, the changes are included in this year’s NCC update.
Until this time, they suggest business as usual as it relates to the application of AS 1428.1:2009 to both the APS and the NCC.
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In anticipation of the impending changes, it’s important to note some of the key differences between AS 1428.1:2009 and AS 1428.1:2021.

• The size and location of glazed viewing panels within doors are now detailed ensuring access to wheelchair users as well as people of short stature (Clause 3.7).
• Timber decking and boardwalk tolerances for spacing as well as cupping and crowning are now detailed (Clause 4.5 and Figure 7(B)).
• Additional accessible flooring transition options are detailed (Figure 8).
• Where paths are adjacent to a street kerb, the minimum width of the walkway must now be increased by 600mm (Clause 7.2 and Figures 24(B)&(C).
• Stair nosing strips can now extend down the riser by more than 10mm provided luminance contrast requirements are met (Figures 27(B)&(C)).
• Stair handrail heights can now vary at stairway handrail extensions and where a handrail transitions between flights or to a balustrade. A construction tolerance of 10mm has now also been included (Clauses 8.2(g) & 9(e)).
• The acceptable handrail diameter range has been increased to reflect typical tubing sizes (i.e. now 30mm to 52mm). While the clearance below the handrail has been increased from 15mm to 25mm (Figures 19(a)&(b).
• Door reveals can no longer be more than 300mm deep (Clause 10.2).
• The previous adjustment in surface sliding door circulation has been updated so that the circulation increase occurs on the side of the opening that the door is mounted (Clause 10.3.3.3).
• Door closers must now also include adjustable delayed action or hold-open functions (except for fire or smoke doors) (Clause 10.4.2(f)).
• The distance of controls to power operated doors can now be located at the reduced distance of 500mm to 1000mm from the arc of a hinged door or surface sliding door (Clause 10.4.3).
• Additional clarification included confirming that heating and cooling controls, ventilation controls, security controls or similar must also be accessible (Clause 11.1).
• Voice activation has been included as an acceptable control method for taps in accessible sanitary facilities (Clause 12.2.1(a)).
• The seat to the pan in accessible sanitary facility must now be able to remain in an upright position when raised (Clause 12.2.3(f)).
• The backrest to the pan must consequently allow the seat to remain in upright position. The distance from the front of the pan to the backrest has been increased to support this (Clause 12.2.4(f)).
• Backrests in accessible sole occupancy units must now also be capable of removal and refitting (Clause 12.2.4(g)).
•  The flushing control zone has been reduced to address a previous clash with the backrest and grabrails. A location for an optional cleaner’s tap has also been introduced (Clause 12.2.5).
• The toilet roll holder in accessible sanitary facilities can now only project up to 150mm from the wall (Clause 12.2.6).
• The tolerance for horizontal grabrail heights generally has been increased to between 800mm and 820mm (Clause 12.2.7).
• Additional fixtures can be installed within the circulation to the pan provided they project no more than 150mm from the wall and provide no less than 900mm of clearance below (Clause 12.2.8.1).
• Washbasins can now encroach by up to 100mm into the required circulation to the shower (Clause 12.3.1).
• Mirrors to basins can be provided adjacent to the basin at an alternative height. They must however be centred over the basin in an accessible sole occupancy unit (Clause 12.4.1).
• A linear drain can now be provided within an accessible shower. Where a linear drain is used the slope range has changed to between 1:50 and 1:90 (Clause 12.5.2(c).
• The height of the shower seat range has increased to between 460mm and 480mm (Figure 48).
• The zone of the hose connection within an accessible shower has now been increased significantly (Figure 49).
• Shower tap levers shall now be no longer than 100mm (Clause 12.5.8).
• Assisted residential care buildings can now omit the folding seat provided a portable shower chair is provided (Clause 12.5.9).
• A backflow prevention or restrictor device to the handheld shower are required to prevent water contamination (Clause 12.5.11).
• An additional figure clarifying the space requirements of a paired wheelchair space in an auditorium with continental seating has been included (Figure 53(E)).
• An informative appendix has been included providing definitions and key considerations as it relates to vision impairment. This appendix replaces the former summary for walkways, ramps and landings (Appendix C).

[1] ABCB (2025) The amended Premises Standards and the NCC. ABCB. https://www.abcb.gov.au/news/2025/amended-premises-standards-and-ncc?utm_source=newsletter_36&utm_medium=email&utm_campaign=important-information-from-the-abcb