Non-conforming building products

Building work in the Northern Territory must conform and comply with the National Construction Code, relevant technical standards and laws to make our buildings safe.

Everyone is responsible for making sure the right products are used and applied correctly including designers, engineers, builders, assessors, buyers, sellers, manufacturers, importers and others.

Non-conforming and non-complying building products can cause liability, safety and health risks for everybody.

Action can be taken against you if you use products and materials that are non-complying or non-conforming.

Non-conforming building products

Non-conforming building products are products and materials that:

  • claim to be something they are not
  • do not meet required standards for their intended use
  • are marketed or supplied with the intent to deceive those who use them.

Non-conforming building products are not fit for purpose, not of acceptable quality, come with false or misleading information or are counterfeit.

An example is a combustible product intentionally labelled or described as being non-combustible.

Non-complying building products

Non-complying building products are materials used in a way that does not comply with the National Construction Code.

This can include products that conform to the standards but are used in a way the code deems unsuitable.

An example is the use of a conforming combustible product in a situation where a non-combustible product is required under the code.

What you must do

There are simple checks you can do to make sure non-conforming and non-complying building products are not used in your project.

These include:

  • dealing only with reputable suppliers
  • using materials, products and systems that have widely recognised industry certification or accreditation
  • using materials, products and systems that have CodeMark or WaterMark certification where appropriate
  • checking the product or material supplied and installed matches the item listed in the approved plans and specifications
  • making sure you have suitable evidence of conformity and compliance.

If your products cannot demonstrate compliance and conformance they should not be used.

Follow the code

The adopted code for the NT is the National Construction Code. Read the Building Act 1993.

The code details the minimum requirements you must meet in the design and construction of new buildings.

Find out about the National Construction Code on the Australian Building Codes Board website.

What the NT is doing

The NT supports the federal government and other states and territories addressing non-conforming and non-complying building products.

For more information go to the ABCB and the Building Ministers' Forum on the Australian Government's Department of Industry, Innovation and Science website.


Report a non-conforming or non-complying product by emailing

Last updated: 08 March 2019

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