We are forwarding this e-alert because the transition period
under the Building Energy Efficiency Disclosure Act 2010 ends on 31
What does that mean?
From 1 November 2011, a BEEC is required if your building is
disclosure affected and you are selling, leasing or sub-leasing a
building or area of a building. As discussed in our earlier
e-alerts, an owner or tenant cannot offer to sell or lease a
building that is disclosure affected unless they have a valid and
current BEEC registered with the Building Energy Efficiency
Register. A BEEC is required from the day the building/space is
first offered for sale or lease, until the time when it is no
longer offered for sale/lease. This includes the requirement that
all advertisements must display the energy efficiency rating for
that building in the applicable BEEC.
Some practical issues
There are two pre-requisites that a vendor or landlord must
organise to obtain a BEEC:
A current NABERS energy for offices rating; and
A current lighting assessment for the building/tenancy.
The BEEC will also contain a general energy efficiency guidance
statement, however this is a statement that is uniform and not
tailored for each building.
So what is the catch?
A BEEC will be valid for up to 12 months. The catch is, the BEEC
is only valid during the time that both the NABERS energy rating
for offices and the lighting assessment remain current. The moment
one ceases is the moment the BEEC ceases validity. Vendors and
landlords should therefore consider how long it may take to sell or
lease the premises, and whether their NABERS energy for offices
rating or lighting assessment will expire during the time the
office space is offered for sale or lease. Without anticipating
this issue, vendors and landlords might find that their BEEC loses
currency for sale or lease before a purchase or lease has been
Applying for a BEEC
To obtain a BEEC, vendors and landlords need to engage a
Commercial Building Disclosure Accredited Assessor
("Assessor"). Only an Assessor can apply for a BEEC.
Vendors and landlords should only engage an Assessor accredited and
listed on the Building Energy Efficiency Register (at
Timing is everything. The Department of Climate Change and
Energy Efficiency ("Department") aims to process all BEEC
applications within 28 days, although the Department aims to
process BEEC applications within a shorter time frame.
The key question to ask is how long will it take the Assessor to
apply for a BEEC for your building or lease area? The answer will
depend on how prepared you are. For example, if the building or
area has an existing current NABERS energy for office rating, the
Assessor will only need to conduct a lighting assessment (and vice
versa). However, the building or area may have neither. An Assessor
would therefore need to carry out both a lighting assessment and
apply for a NABERS Energy for offices rating. This must be obtained
before the Assessor applies for the BEEC.
Assessors are likely to take between 6 and 8 weeks to fully
complete a simple assessment, but more complicated assessments may
take 12 or even 16 weeks. During this time, you won't have a
BEEC and will therefore be in breach of the Building Energy
Efficiency Disclosure Act 2010 if you offer the disclosure affected
building or space for sale or lease.
Checklist for vendors and landlords:
Do we have a NABERS rating, and if so when does it expire?
Do we have a lighting assessment, and if so when does it
Do we need to extend our existing ratings to ensure maximum
validity of the BEEC?
How long will it be before an Assessor can attend our building
to perform the assessment or rating?
Are there any issues that might delay the Assessor? For
example, do we have to give notice to our tenants to ensure the
Assessor will be allowed to access leased areas?
Do we have the required paperwork for the Assessor to consider
when the inspection occurs, like relevant electricity bills and
individual light power consumption?
As at 26 September 2011, only 98 Assessors were listed on the
Building Energy Efficiency Register. These Assessors are likely to
be in high demand, and it may pay to contact them early. A current
list of accredited assessors can be found at
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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