Opinion: Specification 43 — Confusion, Challenges and Costs

Specification 43 of the Building Code of Australia (BCA) is a recent regulatory development from the Australian Building Codes Board (ABCB) that is now a requirement for some Class 9 buildings stirring concern across the health, education and aged care, planning and building sectors.

Intended to bolster building resilience and safety, it requires planning  and construction materials and methods to meet new stringent standards for bushfire protection. While the intent is commendable, the rollout has been far from ideal, that has left those in health, education and aged care and industry professionals grappling with unforeseen costs, project delays, and, in many cases, ambiguity around the requirements and compliance.

The Cost of Complexity

Building regulations are naturally complex, but Specification 43 has introduced an exceptional degree of uncertainty and detail that impacts design, materials, and construction techniques. Without guidance, architects, engineers, bushfire specialists and builders must navigate a substantial learning curve. Our experience from many projects that Blackash are involved with and our discussions with many industry specialists and stakeholders report that compliance is adding both time and cost pressures on projects.

Missing Industry Input: A Critical Oversight

A Decision Regulation Impact Statement (DRIS) was completed by the ABCB in 2022 which provides an assessment of the need to provide additional bushfire protection measures for certain Class 9 buildings.

While the DRIS was completed, it seems to have underestimated the complexity of the issues arising from the Spec 43 requirements, particularly where jurisdictions have had a mature approach to vulnerable uses for some time.

Industry professionals are already reporting that costs associated with compliance could have a knock-on effect on building practicality, site usability and amenity.

Specification 43 has been launched, but it is not too late to address these issues. Industry stakeholders need to have a seat at the table, with immediate steps taken to revisit the standard through the lens of end user and industry input. The development of more practical guidelines, phased compliance timelines, or perhaps an amendment to the specification could ease the current burden and bring the industry on board with a sense of ownership over safety improvements.

Specification 43, though rooted in the admirable goal of improved bushfire safety and resilience, is causing significant friction across the sector due uncertainty with implementation.

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About the Author
Lew Short is a recognised expert in bushfire and emergency management, land-use planning, risk mitigation, consequence management, environment and the working of government.