commercial building disclosure program - energy efficiency


Improving the energy efficiency of office buildings

From 1 November 2010 (NSW) there will be extra incentive to improve the energy efficiency of commercial office spaces of 2,000 square metres or more.

That’s the start date for mandatory disclosure under the new national Commercial Building Disclosure (CBD) program.

The CBD program has been developed by the Australian, state and territory, governments as part of a broad package of measures to encourage building energy efficiency. It is managed by the Australian Government Department of Climate Change and Energy Efficiency.

“Under the CBD program, most sellers or lessors of office space of 2,000 square metres or more will be required to obtain and disclose an up-to-date energy efficiency rating,” says Gene McGlynn, the Department’s Assistant Secretary responsible for implementing the program.

During the 12 month transition period—from 1 November 2010 to 31 October 2011—building owners and lessors will need to disclose a valid NABERS Energy  star rating when offering for sale, lease or sublease commercial office space with a net lettable area of 2,000 square metres or more. The NABERS Energy rating must be a base or whole building rating, registered on the CBD program’s publicly accessible website, and included in any advertising.

After the transition period, from 1 November 2011, building owners and lessors selling, leasing or subleasing commercial office space of 2,000 square metres or more will need a valid Building Energy Efficiency Certificate. These Certificates will include a NABERS Energy star rating, information about the energy efficiency of tenancy lighting, and general energy efficiency guidance.

The commercial building sector is responsible for approximately 10 per cent of Australia’s greenhouse gas emissions—generating around 60 million tonnes of greenhouse gas emissions in 2006. There are more than 21 million square metres of commercial office space in Australia’s cities spread across nearly 4,000 buildings. It is expected that more than half those buildings will be required to provide energy efficiency information when sold, leased or subleased.

Risks of not complying

Owners and lessors who don’t comply with the Act risk delays in the sale or lease of the building if they are not ready for mandatory disclosure. If they proceed without disclosure, they risk a fine or prosecution. Civil penalties of up to $110,000 for the first day and $11,000 for each subsequent day may be imposed by a Court for each breach of a disclosure obligation. Alternatively, the Australian Government 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 non-compliance.


See www.abcb.gov.au/index.cfm?objectID=82B9E2C1-EBC1-11DF-9D46001143D4D594