The most advanced government in having a requirement for energy efficient rating is the ACT. The following is a summary of the system in the ACT as a case study.
CASE STUDY – ACT
If you are selling any residential property in the ACT you must have an energy efficiency ("star") rating. The star rating will be between 0 and 5 stars and reflects the energy efficiency of the home. This is similar to the rating shown on electrical appliances, such as refrigerators. This requirement commenced on 31 March 1999. The existing ACT House Energy Rating Scheme (ACTHERS), used for new dwellings since 1 July 1995, is being used to implement the Act.
Unlike new homes, which must achieve a minimum of 4 stars, existing homes do not have to meet a minimum energy efficiency rating. The only requirement is that the star rating must be included in any advertisement for sale of the property and a copy of the energy efficiency rating statement must be given to the prospective purchaser prior to entering into a contract for sale.
If you already have a star rating (you should if your house was approved after 1 July 1995) and no alterations or additions have been made, then your existing star rating applies. This should be used for advertising and buyer information. If this is not the case, you must obtain a star rating. To do this you need to:
obtain a copy of the latest approved building plans. If you do not have a copy of your plans, please contact ACT Building, Electrical and Plumbing Control on 6207 6262 for advice on how to obtain a copy.
work through the `Sale of Residence Checklist' which seeks to gather information about the home's construction, insulation, fittings, etc (penalties exist under the Act if a person supplies any false or misleading information).
engage an independent ACTHERS Accredited Assessor to rate the home.
The Office of Fair Trading ("the Office") has responsibility for sections 6 & 7 of the Energy Efficiency Ratings (Sale of Premises) Act 1997. The Office is also responsible, in conjunction with the Agents Board, for the regulation of the Agents Act 1968.
Given that the majority of advertisements requiring the inclusion of an energy efficiency rating ("EER") are placed by real estate agents, the same enforcement strategy taken to ensuring that real estate agents meet their advertising requirements under the Agents Act 1968 will also be applied to the EER scheme.
Enforcement includes using the rules of conduct provisions of the Agents Act 1968 to bring licensed real estate agents who persistently fail to publish EER ratings in their advertisements before the Agents Board for a disciplinary hearing. For sale advertisements showing no Energy Efficiency Rating (EER) or an EER as pending is not acceptable. An agent can advertise the EER by a number, or by a star rating system. See s 6 of the Energy Efficiency Ratings (Sale of Premises) Act 1997 which covers energy rating advertising and s11A of the Residential Tenancies Act 1997.
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