Building Materials Compliance Australia: Your A-Z Guide to Safe & Compliant Construction


Imagine this: Your dream home project is in full swing. Sunlight streams through expansive windows, framing the lush garden you meticulously planned. But beneath the idyllic surface, a gnawing worry claws at your gut: are your building materials compliant? What's the difference between non-conforming and non-compliant?

Non-compliance isn't just a buzzword, it's a construction horror story waiting to happen. Safety hazards loom, legal nightmares creep, and project delays cast their long, unwanted shadows. Suddenly, your dream turns into a crumbling nightmare, built on shaky foundations of uncertainty.

So, let's dive into this topic and investigate today.

Construction Industry in Australia: An Overview

Australia’s construction industry contributes almost 9% of the country’s GDP and generates over $360 billion in revenue. The sector is expected to grow annually by 2.4% in the next five years. Major companies in the industry include John Holland, CPB Contractors, Lendlease, and Nexus, alongside many small independent businesses.

Tips and Tricks for Importing Construction Materials into Australia

Importing construction materials into Australia is a complex process that requires coordination among several parties and attention to detail. Any minor mistake can result in delays, additional costs, and missed deadlines. It is essential to be thorough and methodical throughout the entire process to ensure a smooth and successful import.

Selecting the Right Supplier for Your Construction Material Needs

The first step in importing construction materials is to identify reliable suppliers that you can trust. This process can be as comprehensive as necessary, involving the analysis of multiple proposals and tenders to find the most cost-effective solution.

When choosing a supplier, several factors should be considered, such as:

  • Turnaround time
  • Minimum order quantity
  • Payment terms
  • Sample prices

It’s also crucial to assess the stability, reliability, affordability, and negotiation flexibility of potential suppliers. To make an informed decision, it’s advisable to get quotes from multiple suppliers before making a final choice.

Importing Construction Materials: Compliance and Regulations

Adherence to the strict regulations imposed by the government is essential for businesses importing construction materials into Australia. The products’ compliance with consumer laws and any product certification requirements is the importer’s responsibility. Importing can be a challenge, as many companies in China may not be familiar with the strict regulations in Australia and other Western countries. And, this is where ArchiEng come in.

The National Construction Code (NCC) is the main set of technical provisions for buildings in Australia. It establishes the minimum level for safety, accessibility, and sustainability of certain buildings. The Code applies to the construction and design of new buildings, as well as plumbing and drainage systems in existing and new buildings. The NCC is developed and maintained by the Australian Building Codes Board (ABCB).

To avoid legal issues, it is essential to ensure that the materials you import comply with the Code, and all other relevant Australian Standards.

Let me share my part of the story. I've witness first hand how many importers imported building materials in Australia, that doesn't even have any MSDS, TDS or any relevant Australian Test Reports. From materials such as bamboo floor board, insulation, cladding, roofing, screws, sealants, plasterboard, studs etc... to prefab homes, caravans, PODs toilets etc... There are so many cases where the project got stuck at handover, all the non-compliant products have to be removed from the project, which means they have to demolish all the affected walls, ceilings and replace with the right product that has certification. This would be 2-3 times more expensive than installing right at the first place. Not to mention all the delay costs, on-site costs during rectification and even penalty fines. Getting the products and system compliant, can be a daunting task. The Australia Parliament House has specifically written an article about some examples of "Non-conforming building products".

I recalled one example where a builder imported non fire-rated plasterboard from China and adopted local plasterboard for fire-rated walls. Obviosuly trying to save every penny possible. Somehow, the non fire-rated plasterboard were releasing rotten egg smell after a few months of handover. The odor was so bad that the tenants and purchasers have to move out from it's own apartment. You don't want to be that company that is responsible to rectify that issue. Building certifier picked up that none of the imported products have any compliance certification and therefore has been asked to removed and replace, plus compensation of all the inconveniences during the replacement work.

Negotiating Incoterms for Importing Construction Materials

Once you have identified a suitable supplier, the next step is to negotiate a deal with them. At this stage, it is essential to consider the Incoterm that will govern the transaction.

Incoterms, short for “international commercial terms”, are globally recognised standard terms developed by the International Chamber of Commerce that allocate costs, risks, and insurance between the buyer and seller during international shipping.

Various types of Incoterms exist, with different responsibilities and cost allocation. For example, the seller benefits from the Ex-Works (EXW) term, as the buyer assumes almost all the shipping costs once they collect the goods. Conversely, the Delivered Duty Paid (DDP) term is advantageous for the buyer, as the seller takes on all the costs and risks for the entire shipment, and the buyer is only responsible for unloading the goods upon arrival.

Accounting for Shipping Lead Times in Your Construction Material Import Strategy

Timing is crucial when organizing a shipment. It’s essential to be aware of the departure date of your goods from their origin port and the estimated arrival date at their destination in Australia. Shipping duration varies based on the origin and destination ports. Additionally, it’s essential to confirm if your cargo will make a stop at a transhipment point during the journey. If so, extra time should be factored in for potential congestion, particularly in Singapore and Port Klang which often experience heavy traffic.

Pay close attention to your deadlines

Construction projects often have strict deadlines, with some contracts even including penalties for failing to complete the build on schedule. A report from 2020 revealed that the average value of a construction delay dispute on an international level has risen to $30.7 million. It’s essential to consider this before agreeing to any dates, particularly when importing construction materials via ocean freight.

Consider potential delays when planning your timeline

We suggest planning your shipment well ahead of time due to the potential delays that may occur. Since the outbreak of COVID-19, shipping schedules have been highly unpredictable due to a variety of factors, leading to significant delays in supply chains around the world. These delays can be caused by a variety of reasons, including:

  • Limited carrier capacity and difficulty in obtaining containers during a global container shortage
  • Congestion at transhipment ports
  • Strike actions at ports
  • Shipping incidents such as container loss at sea

Airfreight is an alternative option that can be used as a backup plan, although it is generally more expensive and faster.

Fifty cargo and container ships are seen anchored near the port in an aerial view, due to the global maritime congestion crisis.

Identify the method of transportation for your cargo

When shipping cargo, it’s important to consider the pros and cons of both air and sea transportation.

If you choose to ship by sea, you’ll need to decide on a method of shipment.

  1. Full container shipping, where your cargo will be placed in its own container. To ensure easy removal of cargo on arrival, make sure it is packed securely, such as on a pallet or in a crate.
  2. Loose container load, where your cargo will be consolidated with other cargo in a shared container. This is a cost-effective choice for small-volume cargo (under 10 CBM) but can result in additional time needed to access your cargo at the port.
  3. Open Top Containers, which are popular for construction materials, or Out of Gauge Open Top Containers, which can be more cost-efficient but may have additional charges for oversized cargo.
  4. Ship as breakbulk cargo, which is particularly useful for irregular cargo but requires special handling and is more expensive than standard container shipping.

Alternatively, shipping by air is typically faster and not subject to the same delays as ocean freight. However, it can be more expensive due to the bulk and weight of construction materials, and services may be limited due to the COVID-19 outbreak.

Evaluate the option of consolidating your cargo

Consolidation is an important aspect to consider when deciding how to ship your cargo. It involves grouping smaller shipments into one larger consignment, typically by combining LCL (Less than Container Load) shipments into an FCL (Full Container Load) shipment. This is the opposite of “segregation”.

There are several benefits to consolidating your cargo, such as:
  • Reduced charges and fees
  • By shipping one consignment instead of multiple, you only pay one set of fees, such as delivery and collection, freight documentation, and export handling.
  • Simplified logistics
  • Consolidation simplifies logistics by reducing the number of deliveries and collections required at the destination port.
  • Easier tracking
  • When tracking your shipment as it moves through the supply chain, it is simpler to monitor one voyage instead of multiple.

Consider consolidation as a cost-effective and efficient shipping method, especially for smaller quantities of goods.

Calculate the landed cost of your materials

The term “landed cost” refers to the total expense of a product, including the cost of purchasing it from the manufacturer and the cost of transporting it to your warehouse. To calculate the landed cost, you must add together the cost of the product, shipping, customs, overhead, and risk.

The formula for calculating landed cost is typical:

Landed Cost = FOB/EXW + Custom Fees + To-Door Freight

FOB/EXW is the cost that must be paid to the supplier, To-Door Freight is the cost that should be paid to the freight forwarder and Customs Fees are paid to customs, which can be done through a customs broker.

Accurately calculate landed costs for informed supply chain and budget decisions.

Arrange marine insurance coverage

Construction materials can be costly, and there are many risks involved in shipping them from overseas. To protect your investment, marine insurance should be obtained prior to shipping your goods, as it can safeguard your materials during transit (by sea or air).

Marine insurance covers potential damage or loss caused by a variety of factors such as:

  • Poor packaging or handling
  • Fire or natural disasters
  • Collision or grounding of the vessel
  • Container collapse or loss overboard
  • Political unrest or piracy
  • Industrial action

It’s important that your supplier provides you with a packing list when you purchase your materials, as it will be necessary to identify and claim any damages or losses for insurance purposes.

Pay applicable duties and fees

The cost of import duties for construction materials can vary greatly. It may be expensive or it may be waived under a free trade agreement, so it’s important to check prior to shipping.

Standard rates for import duties include:

  • Import duty: 5% of the FOB (Free on Board) Value
  • Goods and Services Tax (GST): 10% of the CIF (Cost, Insurance and Freight) plus Duty value

Customs Import Declaration Processing Fee

  • Seafreight shipments with a value of $10,000 or less: the import processing charge is A$99.00 per shipment
  • Seafreight shipments with a value of $10,000 or more: the import processing charge is A$201.00 per shipment
  • Airfreight shipments with a value of $10,000 or less: the import processing charge is A$88.00 per shipment
  • For Airfreight shipments with a value of $10,000 or more: the import processing charge is $190.00 per shipment

It’s important to be aware that anti-dumping duties, which are taxes on imports that threaten the competitiveness of local businesses, can lead to a higher cost of goods for local users, similar to tariffs.

When importing construction materials from China, it’s important to consider various strategies to minimize import taxes.

Factors such as:

  • the location of the import
  • the structure of the transaction
  • whether the goods are being re-exported
  • the intended use of the goods after import

Understand tariff codes and duty rates for your imported goods. Find them on the Australian Customs and Border Protection Service website or consult a customs broker. Trade agreements offer preferential tariffs or duty-free treatment, reducing import costs.

Arrange transportation of goods from port to warehouse

Once your goods have arrived at an Australian port, it’s important to make arrangements for their safe transportation to your warehouse or construction site. Coordinate with staff on-site to prepare for materials; decide if the container should be unpacked on-site or at the warehouse.

If your cargo is long or oversized, special transport with escort vehicles may be necessary to comply with Australian road regulations.

If the container is being transported directly to a construction site, keep in mind that you will typically have a limited amount of free time to keep the container in your possession, usually 7 days. It’s important to ensure that the cargo is unpacked and the container returned to the wharf within this timeframe to avoid incurring detention fees.

Enlist the aid of an experienced freight forwarder to manage the importation of your construction materials

Importing construction materials to Australia can be a complex and challenging task. Various potential issues can arise during the process. Even minor issues can have significant impacts on costly construction projects with tight deadlines.

To ensure a smooth importation process for your construction materials, it is recommended to work with a reputable freight forwarder . We offer comprehensive support, from ensuring all necessary documentation is in order and paying appropriate duties to manage transportation arrangements. With our expertise, you can avoid potential issues.

If you plan to import construction materials, consult with our team here to receive end-to-end support. We can help you avoid risks associated with goods damage during transit or inadequate documentation submitted to customs. Contact us today to ensure a successful importation process for your construction materials.

non-compliant building products building material non-compliance risks of non-compliant building products consequences of using non-compliant building materials how to avoid non-compliant building products construction regulations and building materials national construction code compliance (NCC) building certifiers and non-compliance legal implications of non-compliant building products safety hazards of non-compliant building materials CmatP Reg 126 R126 Form 15 non-compliant fire rated materials non-compliant structural steel non-compliant cladding materials non-compliant insulation materials non-compliant windows and doors how to identify non-compliant building products what to do if you find non-compliant building products who is responsible for non-compliant building products penalties for using non-compliant building products building insurance and non-compliant products building inspections and non-compliance retrofitting non-compliant building products alternatives to non-compliant building products best practices for building material compliance resources for building material compliance non-compliant building products Australia non-compliant building products for residential construction non-compliant building products for commercial construction non-compliant building products for industrial construction non-compliant building products for renovations non-compliant building products for heritage buildingsare non-compliant building products safe? can I use non-compliant building products if they are cheaper? what happens if I am caught using non-compliant building products? how can I ensure my building materials are compliant? where can I find information about building material compliance?