a NABERS report disclosing the energy efficiency rating of a
an assessment of the energy efficiency of lighting systems in
advisory and guidance materials on the proposed energy
efficiency performance improvements of the building
A disclosure affected building is one where the office space in
the building, or area of a building, is greater than
2000m2. This also affects tenants who sublet premises
which are greater than 2000m2, as the onus is on them to
obtain and disclose a BEEC.
Exemptions from BEEC disclosure requirements
The building is not disclosure affected if any of these
the total office space comprises less than 75 per cent of the
total space by net lettable area (or gross lettable area)
the building is either new or subject to major refurbishment
and a certificate of occupancy has either not been issued or was
issued less than 2 years prior
the building is held under strata title
it is a short term lease or sub-lease of less than 12 months
(including any options)
The Act also provides for exemptions from the disclosure
obligations for buildings which are disclosure affected.
However, unlike the buildings which are not disclosure affected
because they fall within the exception categories listed above, for
buildings which are disclosure affected, owners can seek an
exemption by applying to the Secretary of the Department of Climate
Change and Energy Efficiency.
Building owners can apply in the following circumstances:
where a building is used for policy or security operations
where a rating is not possible due to the characteristics of
where the building belongs to a class prescribed by the
Landlord's obligation to disclose the BEEC
Landlords who wish to sell, let or sublet a disclosure affected
office must include the energy efficiency star rating from the BEEC
in any advertisement.
The Act sets out further circumstances in which the landlord has
an obligation to disclose the BEEC. These circumstances include but
are not exclusive to the following:
the landlord is offering or continuing to offer to sell, let or
sublet the building
the landlord is inviting offers or continuing to invite offers
to purchase, lease or sublease the building
a constitutional corporation owns the building (whether or not
it is a disclosure affected building)
Penalties for failure to disclose the BEEC
Non-compliance with disclosure obligations may incur civil
penalties or infringement notices. A court may impose civil
penalties of up to $110,000 for the first day and $11,000 for each
subsequent day for each breach of a disclosure obligation.
Alternatively, the Secretary of the Department of Climate Change
and Energy Efficiency can issue an infringement notice of up to
$11,000 for the first day and $1,100 for each subsequent day of
Expansion of the Building Energy Efficiency Disclosure
The government is currently focusing this Commercial Building
Disclosure on office buildings because the NABERS is readily
available for these. The government is considering expanding the
disclosure requirements to other types of commercial buildings such
as hotels, retail centres, schools and hospitals.
However, the Standing Committee on Energy has agreed to defer
consultation until 2012, which would mean that this second phase
will be deferred until at least 2014, depending on the outcome of
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