What This Requirement Covers
The AS 3959 series, titled Construction of buildings in bushfire-prone areas, sets out technical construction requirements intended to reduce building vulnerability to ember attack, radiant heat and direct flame contact during a bushfire. It provides a method to assess a site’s Bushfire Attack Level (BAL) and prescribes construction requirements for external elements and building interfaces for each BAL to reduce the likelihood of ignition and to improve occupant survivability and property retention. The standard exists because vegetation fire behaviour produces specific exposures (embers, radiant heat, flame) that can be mitigated by targeted construction, material selection and detailing.
AS 3959 applies to new buildings, prescribed additions and alterations where the site is in a designated bushfire-prone area and where the National Construction Code (NCC) or a state/territory planning instrument requires compliance. It is primarily applied by designers, certifiers, builders and building surveyors when the NCC or local regulation references AS 3959 or when a BAL assessment is required by planning or building approval processes.
Key Requirements
- Bushfire Attack Level (BAL) - BAL is expressed as BAL-Low, BAL-12.5, BAL-19, BAL-29, BAL-40, BAL-FZ. The BAL is determined by ember exposure, radiant heat flux (kW/m2) and likelihood of direct flame contact in accordance with AS 3959 assessment methods (vegetation classification, slope, separation distances, Fire Danger Index). BAL selection drives the construction requirements.
- Radiant heat thresholds - AS 3959 ties BALs to indicative radiant heat fluxes. For example: BAL-29 corresponds to an approximate radiant heat flux of 29 kW/m2, BAL-40 to 40 kW/m2, and BAL-FZ to conditions including direct flame contact (no single radiant figure). These flux values determine material and design selection for external elements.
- Separation distances and vegetation classification - Assessment requires measuring distances to classified vegetation types (forest, woodland, scrub, shrubland, grassland, mallee/mulga, rainforest) and slope. These distances are used with AS 3959 procedures to calculate the site BAL. The NCC may also set minimum separation distances (see NCC Volume One, S43C2 and Table S43C2) and a maximum design radiant heat target (for example 10 kW/m2 for certain separations under some NCC tables).
- External elements and construction criteria - AS 3959 specifies required treatments for: external walls, roofs, eaves, verandahs, decks, windows and doors, screening, subfloor spaces and attachments. These include materials, ember protection, glazing limits and closable vents. For example:
- External walls: materials and junctions must comply with the relevant BAL level requirements in AS 3959 Section 8 (e.g., non-combustible cladding or tested assemblies up to specified BALs). Exact allowed materials vary by BAL and are listed in AS 3959 tables.
- Roofing: roof-covering and penetrations must be protected against ember ingress; ember-tight gutters and eave closures are required at higher BALs.
- Openings: windows and glazed doors have restricted maximum unprotected glazed areas at higher BALs; shutters, screens or toughened/tempered glazing may be required as specified by AS 3959 for the assessed BAL.
- Vents and subfloor: subfloor ventilation must be screened or designed to prevent ember/ flame ingress using metal mesh of specified aperture/mesh size as required by AS 3959.
- Construction testing and performance - Where specific requirements cannot be met by prescribed materials, tested systems that satisfy performance criteria may be used. AS 3959 references test methods for assemblies and materials; alternatively, compliance can be demonstrated to the NCC through appropriate test evidence (for example AS 1530.8.1 for radiant heat testing in some NCC provisions).
- Relevant NCC and other standards references
- NCC Volume One - Part G5 and Specification S43 (Bushfire protection for certain buildings). See S43C2, S43C4, S43C5, S43C6 for separation and construction-related clauses.
- NCC Volume Two - references to BAL assessment requirements and local housing provisions (for example H7D4 in Volume Two relating to separation and BAL assessment requirements).
- AS 3959 - Construction of buildings in bushfire prone areas (current edition as referenced by NCC / jurisdiction). Use the clauses and tables within AS 3959 for BAL assessment and construction requirements (assessment method, vegetation classification, material selection tables).
- Other referenced Australian Standards where relevant: AS 1530.8.1 (radiant heat test criteria), AS 1684 (timber framing - where timber members are used and detailing needs to follow framing standards), AS 3700 (masonry), and AS 4100 (steel structures) for material-specific design and detailing when used in bushfire-exposed elements. Include specific clause references where NCC cites them (for example, NCC Volume One, S43C4 cites AS 1530.8.1 for 10 kW/m2 radiant heat criteria).
Residential vs Commercial
- Residential (Class 1 / Class 10a structures):
- The NCC and state planning schemes commonly reference AS 3959 for houses, decks and outbuildings in designated bushfire-prone areas. BAL assessment and compliance are typically required for new dwellings and substantial renovations where planning or building approval invokes bushfire provisions. Construction requirements for external walls, roofs, windows and subfloors follow AS 3959 tables specifically intended for residential building forms.
- Residential projects often use the Deemed-to-Satisfy (DtS) provisions of the NCC when AS 3959 is expressly adopted in the applicable NCC part or state schedule (for example NCC Volume Two housing provisions and references such as H7D4 where applicable).
- Commercial and other classes (Class 2-9):
- Larger or higher-risk buildings (multi-residential, commercial, institutional) are often handled under NCC Volume One Part G5 and Specification S43 which incorporate AS 3959 assessment approaches but may impose additional requirements (e.g., separation distances, higher FRLs for external walls and specified minimum construction such as external walls with FRL 60/60/60 in certain separation circumstances as noted in S43C4 and S43C5).
- For Class 2-9 buildings the path to compliance may rely more on Performance Solutions under NCC Volume One, particularly where DtS measures from AS 3959 are not directly applicable, or where building use or scale creates competing requirements (eg. fire ratings for compartmentation and egress). S43 contains specific clauses for separation from vegetation, hazards and between buildings that apply to specified classes listed in G5D4.
Exceptions and Exemptions
- BAL-Low: When a site is determined to be BAL-Low, AS 3959 prescribes no specific construction requirements for external elements beyond good practice; however local planning may still require some controls. The NCC or state schedules sometimes default to BAL-Low for particular mapped areas.
- Alternative solutions and Performance Solutions: Where DtS provisions are impractical, a suitably documented Performance Solution demonstrating equivalent or better performance against NCC Performance Requirements and bushfire objectives may be accepted. This can include tested assemblies, fire-engineered systems or site-specific mitigation measures.
- State/consent modifications: Some jurisdictions (for example NSW) allow modifications to AS 3959 requirements following consultation with the relevant fire authority or under development consent conditions (see NSW G5D3 which permits AS 3959 modifications where required by consent and consultation with NSW RFS).
- Minor structures and exemptions: Local planning schemes may exempt some minor buildings or temporary structures from full AS 3959 application; check the NCC Volume Two housing provisions and local council requirements for Class 10 minor exemptions.
State and Territory Variations
- The NCC is national but each state and territory may include schedules or local amendments that change how AS 3959 is applied. Notable examples:
- New South Wales: NSW uses NCC Volume One Part G5 variations. NSW G5D3 explicitly references AS 3959 but allows amendments under Planning for Bush Fire Protection and development consent conditions following consultation with the NSW Rural Fire Service. BAL-FZ construction is subject to special consent conditions in some areas (see NSW G5P2 / G5D3).
- South Australia: The NCC Volume One includes SA G5D5 which sets mapping-linked defaults (for example areas mapped as general bushfire risk default to BAL-Low; medium risk to BAL-12.5; high risk requires site BAL assessment per AS 3959). Separation rules and distances may be set in the state schedule (see SA G5D5 and related table notes in NCC Volume One).
- Other jurisdictions: Many jurisdictions include similar schedules or planning instrument rules that either adopt AS 3959 directly or specify mapping-based BAL defaults and distance rules (for example Queensland Schedule 7 historically contains specific bushfire provisions). Always check the relevant state schedule in NCC Volume One (Schedules 4-12) and local planning/land-use codes for variations.
Practical Compliance Tips
- Carry out a BAL assessment early - perform the AS 3959 BAL assessment at the concept or site-design stage so building siting, setbacks and design can respond to the determined BAL and avoid later redesign.
- Document vegetation classification and distances - keep clear records (maps, measurements, slope calculations) of the vegetation classification, distance to classified vegetation, and the Fire Danger Index used. These are commonly requested by certifiers and planners.
- Use tested assemblies or manufacturer guidance - when choosing claddings, windows and eave treatments, select products with evidence or manufacturer guidance for the required BAL and keep test certificates with the construction documentation.
- Detail ember protection - simple details such as ember-proof gutters, closed eaves, metal mesh screens for vents and sealed junctions are frequently missed; specify and install them consistent with AS 3959 requirements for the site BAL.
- Coordinate FRLs and bushfire requirements - for Class 2-9 buildings check interactions between fire-resistance level (FRL) requirements in NCC Volume One and AS 3959 bushfire construction (for example S43C4 cites FRL 60/60/60 as an option for separation compliance). Resolve any conflicts via the certifier or an appropriate Performance Solution.
- Check state schedules and consent conditions - confirm if the local state schedule in NCC Volume One modifies AS 3959 application, and review any development consent that may alter construction requirements (especially for BAL-FZ areas or where the local fire authority has imposed conditions).
- Avoid assumptions on BAL-Low - do not assume a site is BAL-Low without documented evidence or mapping; councils and consent conditions commonly require an explicit assessment or confirmation.