Building Product Conformity in Australia: CodeMark, WaterMark and Non-Conforming Products

What it is

Building product conformity is the system that confirms a product used in an Australian building meets the National Construction Code (NCC) and the applicable Australian Standards. Two national schemes sit at the core of it. CodeMark is a voluntary third-party certification scheme administered by the Australian Building Codes Board (ABCB) that lets a manufacturer show their product complies with the NCC. WaterMark is a mandatory scheme for plumbing and drainage products that confirms they are fit for purpose and authorised for installation.

Outside these schemes you also have manufacturer test reports, Standards Australia compliance statements and certification from accredited bodies. The point is the same. A builder needs evidence the product will perform the way the NCC and the relevant standard say it should.

When evidence is missing, fabricated or wrong for the use case, the product becomes a non-conforming building product (NCBP). A non-conforming product is one that does not meet the legal requirements for its end use. A non-complying product is one that has been installed incorrectly or used outside its intended scope. Both are problems but they are different problems.

Why it matters for residential builders

A builder is on the hook for the products they install. Under the NCC and state building Acts, the builder warrants the work complies with the deemed-to-satisfy provisions or a performance solution. If a wall cladding fails fire testing, if a hot water valve corrodes through after eighteen months or if cabling melts inside a wall cavity, the builder is the first call from the homeowner and the first defendant in a claim.

Non-conforming products have caused some of the biggest construction failures of the last decade in Australia. Aluminium composite panel (ACP) cladding with polyethylene cores above 30 per cent by mass contributed to the 2014 Lacrosse fire in Melbourne and the 2019 Neo200 fire. Both buildings used cladding that should not have been on a Type A construction. State governments have since banned the use of these panels on Class 2 to 9 buildings of three or more storeys. Infinity electrical cabling, recalled by the ACCC in 2014, was installed in around 40,000 Australian properties before its plastic insulation began to degrade and expose live wires.

These failures sit on the builder's record. Rectification on a single ACP-clad apartment block can run into tens of millions. Even on a single home, a non-conforming product can trigger an insurance claim, a state tribunal complaint and a director's duties question if the builder kept using the product after a known issue surfaced.

CodeMark scheme

CodeMark is voluntary. A manufacturer pays a Conformity Assessment Body (CAB) accredited by JAS-ANZ to assess the product against the NCC. The CAB tests the product, audits the factory, reviews supporting evidence and issues a CodeMark Certificate of Conformity if it passes. The certificate lists the NCC clauses the product meets and the conditions of use.

A CodeMark certificate is recognised by every state and territory building authority. That gives the builder confidence the product can be specified without writing a performance solution from scratch. The certificates are public on the CodeMark Australia register. Always check the certificate is current. Certificates expire and can be suspended or withdrawn if a product changes or a CAB finds an issue. A builder who relies on an expired or suspended certificate is exposed.

CodeMark covers structural, fire, weatherproofing and energy performance products. Common examples include external wall systems, waterproofing membranes, fire doors and modular construction systems.

WaterMark scheme

WaterMark is mandatory for plumbing and drainage products under the Plumbing Code of Australia. If a product carries water, comes into contact with potable water or discharges wastewater, it generally needs a WaterMark licence before it can be sold or installed. That includes taps, mixers, valves, pipes, fittings, water heaters and most fixtures.

A WaterMark licence is issued by a WaterMark Conformity Assessment Body (WMCAB) once the product is tested against the relevant WaterMark Technical Specification or product standard. The licence is published on the WaterMark Product Database, which is the source of truth.

A plumber installing a non-WaterMarked product on a job is in breach of the Plumbing Code of Australia and most state plumbing regulations. The builder who hired the plumber inherits that breach if the install becomes a defect.

Non-conforming products and ACCC enforcement

When a product is found to be non-conforming, several enforcement paths can run at once. State building regulators (Fair Trading NSW, the Victorian Building Authority, QBCC) can issue product use bans or building product rectification orders. The ACCC handles consumer-facing recalls through Product Safety Australia. Notable historical recalls include Infinity electrical cables (2014), certain asbestos-contaminated imported products and the 2025 recall of coloured sands found to contain asbestos.

The ACCC publishes the national recall register at productsafety.gov.au. A builder should check this register before sourcing a product they have not used before. Each state building regulator also publishes building product use bans and safety notices. These are not just suggestions. A builder who installs a banned product can be fined and forced to remove it at their own cost.

What builders should do

Three habits cover most of the risk.

Verify certification at point of order

Before committing to a product on a job, ask the supplier for the CodeMark certificate, WaterMark licence or test reports. Check the certificate number on the public register. Confirm the certificate covers the actual use on your job, not a similar but different application.

Keep evidence on file for the life of the warranty

Australian state building Acts impose statutory warranties of six years on major defects in residential work. Some claims surface later. Keep a product evidence pack for every project. A simple PDF folder of data sheets, certificates and installation records can be the difference between a settled and a defended claim.

Track bans and recalls

Subscribe to the ACCC product safety alerts and the building regulator notices for the states you work in. When a ban or recall lands on a product you have used, you need to know fast so you can notify the homeowner, the insurer and where relevant the regulator.

The system is not perfect. Non-conforming products keep getting into Australian supply chains. The builder's defence is documentation and verification, not trust in the label.