Performance Solution vs Deemed-to-Satisfy (DtS)

Get the Right NCC Compliance Pathway Before It Costs You Time and Rework

Not all designs fit neatly within the Deemed-to-Satisfy (DtS) provisions of the NCC.

When they don’t, the project must move into a Performance Solution pathway—and choosing the wrong approach early can lead to redesign, approval delays, and unnecessary cost.

At DAV Building Solutions, we help you quickly determine the most efficient and compliant pathway, and prepare audit-ready performance solutions when required.

If you’re unsure which pathway applies to your project, we can review your drawings and give you clear direction before issues arise.

DtS vs Performance Solution: What’s the Difference?

The NCC allows compliance to be achieved in two ways:

Deemed-to-Satisfy (DtS)

A prescriptive approach where you strictly follow NCC technical requirements.

This means:

  • Fixed rules and minimum standards

  • Limited flexibility in design

  • Straightforward approval when fully compliant

DtS works best when:

  • The design fits standard NCC provisions

  • No architectural or site constraints exist

  • No alternative systems or methods are proposed

Performance Solution

A flexible compliance pathway used when DtS cannot be fully met.

Instead of following strict rules, compliance is demonstrated by showing the design achieves the required NCC performance outcomes.

This allows for:

  • Design flexibility

  • Alternative construction methods

  • Solutions for complex or constrained sites

But it requires:

  • Structured technical justification

  • Clause-based assessment

  • Formal reporting for approval

The Real-World Issue (Where Most Projects Go Wrong)

Most project delays don’t come from bad design—they come from:

  • Assuming DtS applies when it doesn’t

  • Identifying performance issues too late

  • Incomplete or poorly structured compliance documentation

  • Misalignment between design consultants and building surveyors

These issues typically surface at building permit stage, when changes are most expensive.

When a Performance Solution is Required

A Performance Solution is usually needed when:

  • The design deviates from DtS provisions

  • Site constraints limit compliance options

  • Architectural intent conflicts with prescriptive rules

  • Alternative materials or systems are proposed

  • Fire, access, or structural provisions cannot be met via DtS

Common examples include:

  • Boundary setbacks and fire separation variations

  • Alternative waterproofing approaches

  • Non-standard egress or circulation layouts

  • Accessibility design constraints

Why Early Advice Matters

Engaging early can prevent:

  • Redesign at permit stage

  • Costly construction changes

  • RFIs and approval delays

  • Misinterpretation of NCC requirements

A 15–30 minute early review can often determine whether:

  • DtS is achievable, or

  • A Performance Solution is required from the outset

How We Help

DAV Building Solutions provides clear, practical guidance on:

✔ Compliance Pathway Advice

We identify whether DtS is achievable or a Performance Solution is required.

✔ Performance Solution Reports

Structured, audit-ready documentation aligned with NCC requirements and building surveyor expectations.

✔ Access & NCC Consulting

Support across access, fire, structural, and general NCC compliance issues.

What You Receive

When we prepare or assess a compliance pathway, you get:

  • Clear identification of NCC clauses

  • Practical, buildable recommendations

  • Reduced risk of redesign

  • Documentation structured for approval

  • Direct alignment with building surveyor expectations

Why Clients Work With Us

  • Prepared by a registered building surveyor background

  • Focused on approval outcomes, not just theory

  • Clear, structured, audit-ready documentation

  • Strong understanding of what triggers RFIs and delays

DtS or Performance Solution? Don’t Guess.

If you’re unsure which pathway your project requires, that uncertainty alone can cost time later in the process.

We can review your drawings and provide clear direction before you commit to the wrong approach.

Request a Compliance Review

We typically respond within 1–2 business days.

To get started, send:

  • Architectural drawings (PDF)

  • Brief project description

  • Any known compliance concerns

We’ll confirm whether DtS applies or if a Performance Solution is required—and outline the most efficient pathway forward.