Dowd and Co

Commercial Building Disclosure

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Are you selling or leasing a commercial building?

Beware from 1 July 2017 more commercial buildings will be required to provide Energy Efficiency disclosure requirements.

Changes affecting section 12 of the Building Energy Efficiency Disclosure Act 2010 (Cth) were announced on 21 June 2016, resulting in more building owners being subject to the terms of that Act and requiring additional disclosure when leasing or selling certain commercial buildings.

The amendment reduces the mandatory disclosure threshold of energy efficiency information on buildings from 2000m2 to 1000m2. This means that any Owner with a commercial floor area of 1,000m2 or more must obtain a Building Energy Efficiency Certificate (BEEC) issued by the Commonwealth Department of Industry, Innovation and Science before the building goes on the market for sale, lease or sublease.

The Owner, must provide a current, valid BEEC to potential buyers or tenants free of charge as early as possible in the transaction enquiry process and when requested.

BEECs must also be publicly accessible on the Building Energy Efficiency Register.

A BEEC comprises two parts:

1. National Australian Built Environment Rating System “NABERS”; and
2. Tenancy Lighting Assessment “TLA”.

Owners will need to engage a Commercial Building Disclosure (CBD) Accredited Assessor to undertake the assessments needed to apply for a BEEC. When a NABERS rating and a TLA is obtained, the CBD Accredited Assessor can apply for a BEEC.

There is no requirement to continuously maintain a valid BEEC. However, the information required to obtain a BEEC can cover a significant period (eg electricity bills for a 12 month period, after hours air conditioning logs and documents to establish the area being sold or leased). If you think you may be selling, leasing or subleasing your commercial building that is affected by the changes by 1 July 2017, you will need to commence record keeping practices to be able to ensure you can attain a BEEC by then.

Please call us if you need assistance in obtaining a BEEC for your commercial property.

Kathleen Ready | Senior Partner | +61 7 3238 0604 | kready@dowdandco.com.au

Dan McManus | Special Counsel | +61 7 3238 0611 | dmcmanus@dowdandco.com.au

 

Author

Dan McManus - Special Counsel

Area of Expertise

Commercial Property


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