When your builder says "that's only a recommendation in the Standard", this is how you check.
Every Australian Standard mixes two kinds of content: normative content, which you must follow to comply with the Standard, and informative content, which explains, guides or gives examples. Knowing which is which tells you whether something is a requirement or a suggestion.
I'll use AS 3959:2018 Construction of buildings in bushfire-prone areas as the example, but the terms mean the same thing in every Australian Standard.
Normative: the must-dos
Normative content sets the requirements. If a Standard applies to your build, the normative parts are what the work must meet to comply. That usually covers the main body of the Standard and any appendix marked "normative".
In AS 3959, Section 3 sets the general construction requirements, and Sections 4 to 9 each set the requirements for one Bushfire Attack Level (BAL), from BAL-LOW through to BAL-FZ (flame zone). They cover things like the materials and details for external walls, roofs, windows, doors, decks and vents. These aren't up for interpretation. If your home is BAL-29, the BAL-29 requirements apply.
Informative: the helpful extras
Informative content explains, gives background, offers examples or recommends good practice. It helps you understand and apply the Standard, but you don't have to follow it to comply.
Notes, commentary, worked examples, bibliographies and appendices marked "informative" all fall into this group.
How to spot the difference
- Check the appendix heading. Every appendix is labelled either "(normative)" or "(informative)". This is the quickest check.
- Look at the verbs. "Shall" means mandatory. "Should" means recommended. "May" means optional or permitted.
- Notes are informative. Text marked "NOTE" under a clause explains it but doesn't add a requirement.
So if a clause says "shall", it's a requirement. If your builder points to a "should" or a note, they may be right that it's a recommendation, but it's still worth asking why they're not following it.
When a Standard becomes law
A Standard on its own is a voluntary document. It becomes legally binding when legislation or the National Construction Code (NCC) calls it up. The NCC references many Standards as ways to meet its requirements, AS 3959 for bushfire construction among them. Your contract can also make a Standard binding by referring to it.
Once a Standard is called up, its normative content becomes part of what the building must comply with. The informative content still isn't mandatory, but it's often the best guide to what the requirement means in practice.
A practical tip
When you have a question about whether something on your site complies, ask the builder which clause they're relying on. Then check:
- Is it normative or informative?
- Does it say "shall" or "should"?
- Is the Standard called up by the NCC or your contract?
My construction checklists cite the relevant Standards for each stage, so you know where to look.
Further reading
A Crash Course in Australian Standards for New HomeownersCongrats on your new home! Understand Australian Standards for safety and compliance - they’re the law. Get a crash course to ensure your investment’s security.
Why Australian Standards Are Mandatory for TradesmenIf you’re a tradesperson in Australia, the Australian Standards are essential—it’s the law. Ensure safety and quality in every project. Discover why these standards matter.
Why Don’t Builders Follow Australian Standards?The National Construction Code and Australian Standards should guarantee quality homes. But in reality, many builders ignore them. Why does this happen, and how can we fix it?
The Unspoken Reality: Why Contractors Don’t Follow StandardsReady to hire a contractor? Think again. Many contractors use methods that don’t align with regulations or Australian standards. This article reveals why you might hear, “We don’t do it that way here,” and how such shortcuts can risk your home’s quality and safety. Learn to protect your investment.End of Free Australian Standards: Impact AnalysisThis article discusses the end of free access to Australian Standards in public libraries since 2018, its effects on small businesses, safety compliance, and the balance between public and corporate interests. Options for future access and public mobilization strategies are also explored.
