Commercial Building Disclosure Scheme

On November 1, 2010, new disclosure requirements under the Commercial Building Disclosure scheme (CBD scheme) commence.

The aim of the scheme is to ensure that credible and meaningful energy efficiency information is given to prospective purchasers and lessees of large commercial office space. The CBD scheme will only be applicable to buildings with a net lettable area of more than 2,000m2.

The disclosure obligations require that the owner (or tenant if they are offering to sub-lease some of their office) must register a building energy efficiency certificate (BEEC) before inviting offers to purchase or lease the building.

In addition to a requirement for any advertisements for the sale or lease of the building to contain the energy efficiency rating, a copy of the BEEC for the office building will be available to prospective purchasers and lessees via an online registry.

The BEEC must disclose: 

• the energy efficiency rating for the building via a National Australian Built Environment Rating System (NABERS) Energy base building star rating; 
• an assessment of the energy efficiency of any lighting that is expected to remain; and 
• guidance as to how the energy efficiency of the building may be improved.

A transition period will operate from November 1, 2010, to October 31, 2011, during which a NABERS base or whole building rating can be disclosed instead of a full BEEC. However, in order to meet the Act requirements, the NABERS Energy rating must: 

• be obtained either before or during the transition period; 
• be a base building or whole building rating; 
• be current (that is, the validity period stated on the NABERS Energy rating must not have expired); and 
• be publicly accessible on the CBD program website.

Ai Group’s environment and energy team can assist with these disclosure requirements including NABERS assessments, tenancy lighting assessment and energy efficiency guidance.

For more information contact Bradley Anderson, Ai Group Senior Adviser – Environment and Energy, on (02) 9466 5442.