What are non-conforming building products?
Non-conforming building products (NCBPs) are building products that are not safe, do not meet regulatory requirements, are not fit for their intended purpose, or contain false or misleading claims.
Non-conforming building products (NCBPs) and materials are those that do not meet the required standards for the use in which they are intended. A building product is considered a non-conforming building product (NCBP) if it is any of the following:
- the product is not, or will not be, safe
- not compliant with the relevant regulatory requirements (e.g. the National Construction Code or the Australian Standards)
- it doesn't perform to the standard it is represented to perform to.
Refer to s74AB of the QBCC Act for the full definition of a non-conforming building product. You can also visit the Australian Building Codes Board for more information on NCBPs and how to recognise them.
The QBCC Act defines 'safe' as:
- all risks of injury or illness to a person have been removed, so far as reasonably practicable; or
- if it is not reasonably practicable to remove a risk of injury or illness to a person, the risk has been minimised so far as reasonably practicable .
Definition of a building product
A building product is any material or other thing that is, or could be, associated with a building. This definition captures products that are used and those that could reasonably be expected to be incorporated into, or connected to a building by the carrying out of relevant work.
'Building' means a building or other structure as defined by the Building Act 1975.
The QBCC Act (s74AA) defines 'associated with' in relation to a building. It means a product that is incorporated into, or connected to a building by the carrying out of relevant work.
'Relevant work' is also a defined term and means building work under the Building Act 1975 (other than work mentioned in section 5(2) of that Act) or plumbing and drainage work under the Plumbing and Drainage Act 2018.
Understanding a building product
All products have limitations and conditions that must be considered for their use. In order for a person to use a product correctly, they must understand:
- the intended uses of the product and ensure they are safe and compliant, and have access to evidence showing it is safe to be used for those purposes
- all relevant requirements of the National Construction Code (NCC) or other laws regarding the use of the product
- all instructions on how the product should be installed to avoid it becoming unsafe or failing to meet requirements for its intended use in the future.
Learn more about NCBPs: