From 1 July 2017, you are likely to be affected by the CBD Program if you are:

• a building owner who is selling or leasing office space with a net lettable area of 1000 square metres or more
• a tenant who is subleasing part of your tenancy with a net lettable area of 1000 square metres or more
• a real estate agent who is advertising office space with a net lettable area of 1000 square metres or more
• a CBD accredited assessor who must comply with the conditions of accreditation, conduct of assessments and use of information gathered from building owners and tenants.

The kinds of buildings and areas of buildings that are disclosure affected are identified in the Building Energy Efficiency Disclosure (Disclosure Affected Buildings) Determination 2016.

Further information on who is affected can be found at http://cbd.gov.au/does-this-apply-to-me/who-is-affected.

Information on exceptions and exemptions can be found at http://cbd.gov.au/does-this-apply-to-me/exceptions-and-exemptions.

After 1 July 2017, disclosure affected buildings or tenancies of 1000 square metres or more that are offered for sale or lease will require a Building Energy Efficiency Certificate (BEEC). BEECs are issued by the Department of the Environment and Energy before the building or tenancy is put to market.

The BEEC includes:

• a National Australian Built Environment Rating System (NABERS) Energy star rating for the building; and
• a Tenancy Lighting Assessment for the relevant areas of the building.

BEECs are valid for up to 12 months and are publicly accessible on the online Building Energy Efficiency Register.

You will need to engage an accredited assessor to undertake the assessments and lodge the application for a BEEC on your behalf, and they will ask you for your building’s previous year’s electricity and gas bills.

The NABERS Energy star rating must appear on all forms of advertising material for the building.

Compliance of the program is monitored and penalties apply to sellers, lessors and their agents who do not comply with their disclosure obligations under the Act. More information on the assessment process can be found at http://cbd.gov.au/how-do-i-comply/overview-of-the-process.

Building owners are encouraged to seek independent legal advice to understand their disclosure obligations under the CBD Program. Some owners and lessors of smaller commercial office buildings may not have heard of the CBD program, and may not be aware of their obligations.

An overview of the CBD Program can be downloaded as a slide pack.

If your building is disclosure affected, under the BEED Act it is a legal requirement that you obtain from the Australian Government a Building Energy Efficiency Certificate
(BEEC) before you offer your office space for sale, lease or sublease.

BEECs are valid for up to 12 months and include:

• The building’s National Australian Built Environment Rating System (NABERS) Energy for offices star rating, issued by NSW Office of Environment and Heritage
• A Tenancy Lighting Assessment of the relevant area of the building.
• The NABERS Energy star rating must be provided on all forms of advertising.
• You will need to appoint a CBD Accredited Assessor to apply for a Building Energy Efficiency Certificate (BEEC) on your behalf.
• It is recommended you commence this process at least 2 months prior to your desired listing date to avoid any delays.
• There are more than 200 Accredited Assessors nationwide.
• The list of Accredited Assessors can be found online at – www.cbd.gov.au

More information on how to get a BEEC can be found at http://www.cbd.gov.au/get-and-use-a-rating/how-to-get-a-beec

If you need tools to track and manage your performance throughout the year, Optergy can help you. We have the tools so you know if your on track before your bills arrive, contact Nicholas Heydon and we can help you be disclosure ready.