As part of COAG's commitment to introducing a comprehensive
National Strategy for Energy Efficiency, the Building Energy
Efficiency Disclosure Bill 2010 (Bill) was introduced into
parliament on 18 March 2010.
The Bill provides for the establishment of a new national scheme
for the mandatory disclosure of commercial office building
In short, the scheme will require vendors, landlords and even
sub-landlords of large commercial office buildings to disclose
information regarding the energy efficiency of the building to
purchasers, tenants and sub-tenants. The information to be
disclosed will be contained in building energy efficiency
BEECs will be issued by a recognised issuing authority, and will
the energy efficiency rating for the building;
an assessment of the energy efficiency of the lighting for the
building that might reasonably be expected to remain if the
building is sold, let or sublet; and
guidance on how energy efficiency might be improved.
BEECs will also be accessible to the public via an on-line
Vendors, landlords and sub-landlords will also be required to
disclose the building's energy efficiency rating in any
advertisement for the sale, lease or sub-lease of the building.
The Bill does not propose that purchasers, tenants or
sub-tenants can terminate sale contracts, leases or sub-leases if
vendors, landlords or sub-landlords do not comply with the
legislation. However, fines in excess of $100,000 can be levied for
any breach of the above obligations.
It is expected that similar disclosure requirements will be
introduced for residential buildings by May 2011.
Maddocks will continue to monitor the progress of the Bill,
including the buildings which will be affected by the Bill and the
process for obtaining BEECs (should the Bill be enacted), and the
progress of the expected Bill for residential buildings, and will
provide you with a further updates in due course.
For further information please contact a member of our Property
Team or Sustainability & Climate Change Team
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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