What This Requirement Covers
The Bushfire Attack Level (BAL) rating system classifies the severity of a site’s exposure to ember attack, radiant heat and direct flame contact from a bushfire. It exists to ensure building design and construction reduce the likelihood of ignition and improve occupant safety where buildings are located in or near bushfire-prone areas. BAL ratings are determined by site vegetation, slope and separation from the bushfire hazard and are used to select construction measures from AS 3959 and relevant NCC provisions.
These requirements apply to new buildings, significant alterations and some ancillary structures located in designated bushfire prone areas. They are relevant to designers, certifiers, builders and homeowners across Australia and are implemented through the National Construction Code (NCC) / Building Code of Australia and Australian Standards such as AS 3959-Construction of buildings in bushfire-prone areas. State and territory schedules to the NCC may modify how BALs are applied in each jurisdiction.
Key Requirements
- BAL categories and what they represent:
- BAL-LOW - Negligible risk from ember, radiant heat and flame; standard construction practices apply. Determined where numeric BAL assessment results in less than BAL-12.5 or where no bushfire hazard is present, as specified in AS 3959.
- BAL-12.5 - Exposure to ember attack and burning debris with low levels of radiant heat up to 12.5 kW/m2.
- BAL-19 - Exposure to ember attack, burning debris and moderate levels of radiant heat up to 19 kW/m2.
- BAL-29 - Exposure including higher levels of radiant heat up to 29 kW/m2.
- BAL-40 - High exposure to radiant heat up to 40 kW/m2 and increased ember attack.
- BAL-FZ - Direct exposure to flames; extreme risk from direct flame contact and ember attack. Construction at BAL-FZ requires particular caution and in many jurisdictions may be restricted or subject to conditions in development consent.
- Construction requirements are prescribed in AS 3959:2018 (or later editions) and include specific measures for:
- External ember protection - sealing gaps, screening, and ember-proofing of openings per AS 3959 Section 3 and Construction Requirements sections.
- External wall systems and materials - cladding and connections with specified ember/heat resistance (refer to AS 3959 Tables and construction details).
- Roof coverings and eaves - requirements for non-combustible or suitably tested roofing materials and ember protection at eaves and gutters.
- Glazing and openings - limitations on glass size, type and required protection where radiant heat exceeds thresholds (see AS 3959 glazing provisions and NCC references).
- Decks, pergolas and outbuildings - treated as part of the building envelope and assessed under AS 3959 for appropriate materials and ember protection.
- Precise numeric values and dimensions (examples taken from AS 3959 and related NCC provisions):
- Radiant heat thresholds used to set BAL categories: 12.5 kW/m2, 19 kW/m2, 29 kW/m2, 40 kW/m2 (AS 3959).
- Separation and slope inputs: distances in metres from vegetation edge and mean slope of the land are used in the AS 3959 methodology to calculate BAL (see AS 3959 Clause 2 and related tables).
- Minimum separation for ember protection measures and screening: details for screen aperture sizes and material compliance are specified in AS 3959 construction tables (refer to AS 3959 Tables in Sections 5-9).
- NCC references and how they apply:
- NCC Volume One - Part G5 and Deemed-to-Satisfy/Performance Requirements for bushfire-prone areas and buildings such as Class 2, 3 and certain Class 9 buildings (see G5D1 to G5D4 and G5P2). Example citation: "NCC 2022 Volume One, G5D3 Protection - residential buildings."
- NCC Volume Two - contains provisions relevant to housing (Class 1 and 10) and references to AS 3959 where applicable (see NCC Volume Two bushfire-related sections and relevant state variations noted in the volume).
- Where a building is subject to BAL-FZ, the NCC and some state provisions require development consent conditions or Performance Solutions rather than Deemed-to-Satisfy solutions (see NSW G5D3 / G5P2 and explanatory notes in NCC Volume One).
- Australian Standards referenced:
- AS 3959-Construction of buildings in bushfire-prone areas - primary technical standard for BAL assessment and construction requirements.
- Other referenced standards for specific products and structures may include AS 1684 (timber framing practices) where combustible framing is used, AS 3700 (masonry structures) for masonry detailing, and product-specific standards for glazing and fire-resistant materials as referenced in AS 3959.
Residential vs Commercial
- Residential (Class 1 and Class 10a):
- The typical path is NCC Volume Two application with AS 3959 used for BAL assessments and construction detailing. Deemed-to-Satisfy provisions are commonly used where BAL does not exceed BAL-12.5; for BAL > 12.5 more detailed construction measures or Performance Solutions are needed.
- Small ancillary elements such as decks (Class 10a) immediately adjacent to Class 1 or 2 buildings are specifically captured and must comply with AS 3959 construction measures when in a designated bushfire prone area (see NCC Volume One G5D3).
- Commercial and multi-residential (Class 2-9):
- NCC Volume One applies. For Class 2 and 3 buildings, G5 Deemed-to-Satisfy provisions require compliance with AS 3959 in designated bushfire prone areas (see G5D3). For certain Class 9 buildings, specific clauses (G5D4 / Specification 43) apply.
- Where BAL exceeds BAL-12.5, Performance Solutions under G5P2 will usually be required; there are no Deemed-to-Satisfy provisions for many commercial building types at higher BALs. This typically requires a documented fire-engineering approach, additional testing evidence or modification via development consent.
Exceptions and Exemptions
- BAL-LOW: where a site is assessed as BAL-LOW, standard NCC construction practices apply and AS 3959 construction measures are not required beyond normal building regulation compliance.
- Development consent conditions: some jurisdictions treat BAL-FZ as a matter that may be managed by planning conditions rather than permitting standard construction; projects may be refused or require significant mitigation works before approval (see NSW G5D3 and local planning policies).
- Performance Solutions: where Deemed-to-Satisfy measures are not practicable, a Performance Solution under NCC (G5P2) may be accepted. This must demonstrate equivalent safety by analysis, testing, or alternate design and cite the NCC Performance Requirements.
- Product certification: where a product has demonstrated performance in accordance with relevant tests and standards, it may be accepted as an alternative complying solution in place of prescriptive AS 3959 details. Ensure testing reports and NCC clause references are supplied to the certifier.
State and Territory Variations
- The NCC contains state schedules and explicit local variations. Examples:
- New South Wales: NSW G5D3 requires AS 3959 compliance for Class 2 and 3 and specifies that buildings subject to BAL-FZ must comply with specific development consent conditions; consultation with the NSW Rural Fire Service is often required (see NCC Volume One, NSW G5D3 and G5P2).
- Queensland: State schedule variations and planning instruments (e.g., planning scheme bushfire overlay) may require BAL assessments and additional mitigation; check Schedule 7 and local planning requirements.
- Victoria, South Australia, Western Australia, Tasmania, ACT and Northern Territory: each jurisdiction includes schedules or planning overlays that can modify or supplement NCC application and may apply different requirements for BAL-FZ or site assessment processes. Always check the state schedule in NCC Volume One (Schedules 4-12) and local planning instruments.
Practical Compliance Tips
- Assess early: commission an AS 3959 BAL assessment at the concept stage so site design, setbacks and vegetation management can be used to reduce BAL where possible.
- Document everything: include the BAL assessment report, AS 3959 construction details, product certificates and NCC clause references in the building approval submission to avoid delays.
- Reduce vegetation or change landscape to lower BAL where feasible - small changes in fuel loads or separation distances can reduce BAL category and relax construction requirements.
- Pay attention to ember pathways: sealing gaps at eaves, subfloor vents, roof-to-wall junctions and service penetrations is often the simplest, cost-effective compliance measure and is frequently overlooked by builders.
- Use tested materials and certified products: glazing, external cladding, roofing and screening should have relevant test evidence or be listed as compliant under AS 3959 provisions; record manufacturer data sheets and test reports.
- For BAL-FZ sites, engage early with planning authorities and bushfire safety agencies: BAL-FZ may require special consent conditions or be unsuitable for standard development without significant mitigation or relocation.
- When using a Performance Solution, engage a suitably qualified fire engineer or accredited bushfire assessor to prepare evidence that references NCC Performance Requirements (e.g., G5P2) and shows compliance by analysis or testing.