Part 4.3 of the National Regulations (regulations 103 to 117) sets the physical environment rules. The numbers services ask about: 3.25 square metres of unencumbered indoor space per child (regulation 107) and 7 square metres of unencumbered outdoor space per child (regulation 108), each with a list of excluded areas; a fence or barrier that children preschool age or under cannot go through, over or under (regulation 104, not required where the service primarily serves school-age children); at least one nappy change bench where any child is under 3, with adult hand washing in the immediate vicinity (regulation 112); safety glass or treatment for glass within 0.75 metres of the floor in family day care (regulation 117, 1 metre in Western Australia); and in the ACT, for services approved or expanded from 1 July 2024, outdoor space at ground level with 60 per cent direct sunlight for 3.5 hours on the winter solstice (regulation 259A). Most of the Part carries a $6,600 penalty and a compliance direction.
This page reproduces each regulation in Part 4.3 with its penalty, explains how unencumbered space is calculated, covers the state additions, and notes where the National Construction Code and state planning law take over from the Regulations. Quality Area 3 of the NQS is covered on its own page.
| Regulation | Requirement | Penalty |
|---|---|---|
| 103 | Premises, furniture and equipment safe, clean and in good repair. Does not apply to parts of a family day care residence not used for the service. | $6,600; compliance direction |
| 104 | Any outdoor space used by children enclosed by a fence or barrier of a height and design that children preschool age or under cannot go through, over or under. Not required for a centre-based service primarily for children over preschool age, or a family day care residence or venue where all children are over preschool age. | $6,600; compliance direction |
| 105 | Each child has access to sufficient furniture, materials and developmentally appropriate equipment suitable for their education and care. | Compliance direction |
| 106 | Laundry facilities or access to them, or other adequate arrangements for soiled clothing, nappies and linen including hygienic storage before disposal or laundering, located and maintained so as not to pose a risk to children. | Compliance direction |
| 107 | At least 3.25 square metres of unencumbered indoor space per child. Not applicable to a family day care residence. Excludes passageways and thoroughfares including door swings, toilets and hygiene facilities, nappy change and bottle preparation areas, areas permanently set aside for cots or storage, staff and administration areas, any other space not suitable for children, and kitchens unless primarily used by children as part of the program. A verandah counts only with the regulatory authority’s written approval and cannot be counted as both indoor and outdoor. Emergency and exceptional-circumstances children under regulations 123(5) and 124(5), (6) are not counted. | $6,600; compliance direction |
| 108 | At least 7 square metres of unencumbered outdoor space per child. Not applicable to a family day care residence. Excludes pathways and thoroughfares except where used by children as part of the program, car parking, sheds and storage, and any other space not suitable for children. Indoor space may count as outdoor for a service for children over preschool age with written approval, if not already counted as indoor. | $6,600; compliance direction |
| 109 | Adequate, developmentally and age-appropriate toilet, washing and drying facilities, located and designed for safe use and convenient access. The Regulations set no number of toilets per child; fixture numbers come from the National Construction Code and the planning approval. | None stated |
| 110 | Indoor spaces well ventilated, with adequate natural light, maintained at a temperature that ensures children’s safety and wellbeing. | $6,600; compliance direction |
| Regulation | Requirement | Penalty |
|---|---|---|
| 111 | Adequate area or areas for administration, consulting with parents and private conversations. | Compliance direction |
| 112 | Where children wear nappies: adequate and appropriate hygienic nappy change facilities; at least one properly constructed nappy change bench if any child is under 3; hand cleansing for adults in the immediate vicinity; designed, located and maintained to prevent unsupervised access by children. | $3,300 for (3); compliance direction |
| 113 | Outdoor spaces allow children to explore and experience the natural environment (trees, sand, natural vegetation). | Compliance direction |
| 114 | Outdoor spaces include adequate shaded areas to protect children from overexposure to ultraviolet radiation. | $3,300; compliance direction |
| 115 | Premises, including toilets and nappy change facilities, designed and maintained to facilitate supervision of children at all times, having regard to their rights and dignity. | Compliance direction |
| Regulation | Requirement | Penalty |
|---|---|---|
| 116 | An assessment including a risk assessment of each residence and venue before use and at least annually, considering suitability for the number, ages and abilities of children including areas outside but near the residence, multi-storey egress, nappy change arrangements, water hazards, water features and pools at or near the premises, and animals. The educator must notify the provider of changes. | $6,600 for (1) and (1B) |
| 117 | Glass accessible to children and 0.75 metres or less above floor level (1 metre in Western Australia) must be safety glass where the Building Code requires it, or otherwise treated to prevent shattering or guarded by barriers. | Compliance direction |
Unencumbered space is the usable floor area children can actually occupy. Start with the internal measurement of each room children use, then subtract every excluded area in regulation 107(3): the door swing arcs and the corridors between rooms, the bathroom and nappy change areas, the bottle preparation bench, the cot room if cots are permanently there, built-in and permanent storage, and the kitchen unless children primarily use it as part of the program. Furniture is not subtracted: the regulation excludes areas by function, not by what stands on them, which is why a crowded room can be compliant on paper and still fail Element 3.1.1 on usability. A verandah needs the authority’s written approval before it counts, and the same verandah cannot be counted indoors and outdoors (r 107(4), (5); r 108(4)). The approved number of places on the service approval is the number the space was assessed for; exceeding it is a condition breach as well as a potential space breach. The ratio calculator and the roster checker use places, not space, so a space check is separate.
The Regulations set outcomes; three other regimes set the build. The National Construction Code classifies a childcare centre as a Class 9b building and sets fire safety, egress, sanitary fixture numbers, accessibility and construction standards. State planning law and the Child Care Planning Guideline in New South Wales (or the state equivalent) govern location, site layout, acoustic treatment and traffic. Pool fencing legislation applies wherever a pool exists. The regulatory authority assesses the regulation 103 to 117 outcomes at service approval (regulation 25 requires floor plans and evidence of compliance with the space requirements) and at every visit; the council and the certifier assess the Code. A service that meets the Code can still fail regulation 115 if the layout leaves a bathroom unsupervisable.
At least 3.25 square metres of unencumbered indoor space for each child (regulation 107(2)), excluding passageways and door swings, toilets, nappy change and bottle preparation areas, cot and storage areas, staff and administration space, any space not suitable for children, and kitchens unless children primarily use them as part of the program. Penalty $6,600. Family day care residences are exempt.
At least 7 square metres of unencumbered outdoor space for each child (regulation 108(2)), excluding pathways not used in the program, car parking, sheds and storage and any space not suitable for children. In the ACT, services approved or expanded from 1 July 2024 must also meet the ground-level and winter sunlight test in regulation 259A.
Regulation 104: any outdoor space used by children must be enclosed by a fence or barrier of a height and design that children preschool age or under cannot go through, over or under. It does not apply to a centre-based service primarily for children over preschool age or a family day care residence or venue where all the children are over preschool age. Penalty $6,600. State pool fencing law applies separately to any pool.
The National Regulations do not set a number. Regulation 109 requires adequate, developmentally and age-appropriate toilet, washing and drying facilities, located and designed for safe use and convenient access. Fixture numbers come from the National Construction Code for Class 9b buildings and the planning approval.
A verandah may be counted as indoor space only with the written approval of the regulatory authority (regulation 107(4)), and a verandah counted as outdoor space cannot also be counted as indoor, or the reverse (regulations 107(5), 108(4)).
Regulation 112, centre-based services: adequate and appropriate hygienic facilities for nappy changing; at least one properly constructed nappy changing bench if any child is under 3 years; hand cleansing facilities for adults in the immediate vicinity; and facilities designed, located and maintained to prevent unsupervised access by children. Penalty $3,300 for the bench and hand washing requirements.
WIDEN Law answers National Quality Framework questions with inline citations to the National Law, the Regulations and the NQS, so you can check the source provision yourself.
14-day free trial, no card →This page is a research summary, not legal or compliance advice. Element and regulation wording is reproduced from the current reprint of the National Regulations; confirm the position with your regulatory authority before relying on it for a compliance decision.