From 1 November 2011, owners of commercial buildings must provide a Building Energy Efficiency Certificate (BEEC) when selling, leasing or subleasing office premises.
Who is affected?
The Building Energy Efficiency Disclosure Act 2010 (Cth) requires a BEEC to be provided when:
- An owner offers to sell, lease or sublease a building (or part of a building
- The owner is a corporation;
- If offered for lease or sublease, the term is longer than 12 months (including options);
- The premises being offered has a net lettable area of more than 2000 square metres; and
- The premises is used (or capable of being used) as an office.
However, you are excepted if:
- The premises is part of a strata plan;
- The premises is new (no older than two years) or has had a major refurbishment within the last two years; or
- Office space in your building comprises less than 75% of the net lettable area of the building.
If an affected premises is owned by an individual, and a corporation offers to purchase, lease or sublease the premises, then the corporation has a right to request a BEEC. If you receive an unsolicited request to purchase or lease your premises, you cannot continue negotiating until you have provided a BEEC.
How to comply
Building Energy Efficiency Certificates are issued by an accredited assessor and must contain:
- The energy efficiency rating for the building (a NABERS rating);
- The energy efficiency of the lighting; and
- General information as to how the efficiency of the premises can be improved.
- A BEEC energy efficiency star rating must be included in any advertising for the sale, lease or sublease of affected premises.
A list of all accredited assessors can be found at www.cbd.gov.au. All BEECs are required to be registered on the public Building Energy Efficiency Register. You may use a BEEC previously registered for your premises, however they are only valid for 12 months.
Penalties
If you're a corporation, non-compliance could currently set you back $110,000 (plus $11,000 for each day the breach continues), or if you're a person $38,500 (and $3,850 daily).
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