CBD program updates
Commercial Building Disclosure Program Update [19 September 2011]
BEEC application form
The application form for a BEEC (Building Energy Efficiency Certificate) and guidance
note are available on the CBD website.
The guidance note outlines the various scenarios with lighting assessments and NABERS
ratings and how the BEECs will operate.
The application form contains instructions on how to complete the form. Please note
that BEEC applications can only be submitted by CBD Accredited Assessors.
Do all buildings need a BEEC on 1 November 2011?
Not necessarily. A BEEC is only mandatory when a building or area of a building
is being sold or leased. For example, if the building is going to market on 1 December
it will need a BEEC, which includes a NABERS Energy rating and the tenancy lighting
assessment, by the time it goes on the market. If the sale is not proceeding until
1 May 2012 then no action would be required until nearer that date. But building
owners should not leave it to the last minute. Please allow 4-6 weeks to get a NABERS
rating, as well as time to submit the lighting assessment and apply for a BEEC.
DCCEE aims to process BEEC applications within 28 days of receipt.
Website
The CBD website is our primary media for delivering
information to all stakeholders. Some features of the website include:
- placing all the lighting assessment information on
one page.
- creation of an assessor page.
- placing all the ratings and BEEC information on one
page. As advised in the August 2011 update we are no longer displaying the NABERS
rating on the BEEC register. However, this page provides
a link to the NABERS website where the Recognised Ratings (i.e. a NABERS Energy
star ratings issued by the NSW Office of Environment and Heritage) can be viewed.
- inclusion of additional topics in the A-Z index and
linkages to the relevant area on the website including advice on medical centres,
75% office ruling, NLA and GLA, strata title and assignment of leases. Information
on these has been on the website for some time.
The A-Z index is a good way of finding topics on the
webpage. If you identify topics that should be indexed please let us know.
Tenancy Lighting Assessment training
Over 170 NABERS assessors have taken the first step to becoming CBD Accredited Assessors
by completing the Tenancy Lighting Assessment training held in all capital cities
in June and July. If you are an existing NABERS assessor and wish to attend a training
session, please contact the NABERS team (ph 02 9995 5000) to get your name on the
waiting list.
CBD Assessor training module
As well as completing the Tenancy Lighting Assessment training and examination,
assessors must also complete the CBD Program training module. This module is an
online, interactive course that provides information about the CBD program, CBD
accreditation, working as a CBD Accredited Assessor and powers and obligations under
the CBD legislation. It is a 90 minute course which can completed online at any
time. There is a short multiple choice test at the end of the module which must
be successfully completed.
Compliance matters
The Department has contracted a company to prepare monthly reports on potential
breaches to the BEED Act based on advertising data. If a disclosure affected building
or area is found to have been offered for sale, lease or sublease without an up-to-date
energy efficiency certificate, or a current exemption, the Department will initiate
an investigation.
In the first instance, CBD staff will contact the building owner by phone or in
writing to discuss the requirements of the Act. Building owners have been highly
responsive to investigations from the CBD Team and addressed any suspected breaches
by removing advertising that does not comply with the BEED Act. All compliance matters
are assessed in accordance with the CBD Education, Compliance and Enforcement Policy
available at http://www.cbd.gov.au/Compliance.aspx. Guidance about advertising is
available at http://www.cbd.gov.au/FactSheets.aspx.
Are you registered to receive updates?
If you would like to receive these CBD Updates please register on the subscription page
The CBD program website is at
www.cbd.gov.au
Commercial Building Disclosure Program Update [1 July 2011]
Changes to GST Charges on fees for applications for exemptions
The Australian Government has enacted a change to the tax
laws with respect to the application of GST on fees and charges for the grant of
a permission, exemption, authority or licence (however described). The result of
the change is that fees and charges of this type are no longer be subject to GST,
that is, the transaction is GST free
The legislation came
into effect on 1 July 2011. From this date, all applications for exemptions under
the Building Energy Efficiency Disclosure Act 2010 will no longer be charged GST.
Whilst the prescribed fee will remain at $350, you will no longer pay any GST on
this amount and you will not be able to claim an input tax credit.
New exemption application forms, which reflect the change, will be available on
the cbd.gov.au website on Friday 1
July 2011.
Applications received by the Department of Climate Change and Energy Efficiency
after the close of business on 30 June 2011 will be treated according to the amended
legislation.
Payments received before 1 July 2011 will be charged GST and eligible to receive
a rebate on the GST paid, regardless of when the receipt is provided.
More information For further information, contact the Commercial Building Disclosure
program via email at commercialbuildings@climatechange.gov.au
or phone 1800 020 131.
To download the PDF version, click here.
Commercial Building Disclosure Program Update [1 April 2011]
CBD Assessor online training module
The CBD online training module will provide information on the CBD program, CBD
accreditation, working as a CBD Accredited Assessor and powers and obligations under
the CBD legislation. It will be a 90 minute e-learning course which can completed
online on your computer at your convenience. There will be a short multiple choice
test at the end of the module which will need to be successfully completed. The
module will be available around mid-June at no cost.
CBD Implementation Forum
The Commercial Building Disclosure Implementation Forum (CBDIF) provides industry
input and advice to improve the effectiveness of the CBD program. The CBDIF helps
identify program implementation issues and contributes to technical and communication
strategies and guidance materials for industry.
The Department chairs the CBDIF which comprises representatives of the Property
Council of Australia, Australia Direct Property Investment Association, Energy Efficiency
Council, Chartered Institute of Building Services Engineers, Facility Management
Association, Green Building Council of Australia, the legal sector, and NSW DECCW.
Since its first meeting in October 2010, the Forum has considered a number of issues,
including mixed use buildings and major refurbishments (this led to the changes
to the Minister’s Determination), unsolicited offers, and lease extensions. Discussions
have also led to a number of FAQs being added to the CBD website to clarify issues
for industry (see note below about changes to CBD website).
Shared Services Expert Group
Another industry forum — the Shared Services Expert Group (SSEG) — is examining
how buildings or groups of buildings with mixed uses and shared services can best
be treated under the BEED Act.
The President of the Australian Sustainable Built Environment Council chairs the
SSEG, which includes representatives of the Department, NSW DECCW, Property Council
of Australia and Green Building Council of Australia, as well as legal advisors
and technical experts on NABERS, facilities management, energy efficiency and energy
management/refurbishments, and thermal metering.
For now, application of the BEED Act is limited to buildings with more than 75 per
cent office space, with the intention of covering more buildings over time. The
SSEG is due to report to the Parliamentary Secretary for Climate Change and Energy
Efficiency by mid 2011.
To download the PDF version, click here.
Amendments Concerning Mixed Use Buildings and Refurbishments [29 November 2010]
Commercial Building Disclosure (CBD) is a national program designed to improve the
energy efficiency of Australia’s large office buildings. Under the program, if you
are selling, leasing or subleasing office space with a net lettable area of 2,000
square metres or more, you may be required to obtain and disclose an up-to-date
energy efficiency rating.
There have been recent changes made to the Building Energy Efficiency Disclosure
(Disclosure Affected Buildings) Determination concerning mixed use buildings
and buildings which have undergone major refurbishments. These changes came into
effect on 29 November 2010.
Mixed use buildings
Mixed use buildings combine office space with other functions such as warehouses,
medical centres, hotels or retail outlets. These buildings often share energy metering
and as a result, it can be difficult to provide an accurate energy rating for the
separate spaces.
The Government has worked with industry stakeholders to address these complex issues
and decided as an interim approach that buildings with less than 75 per cent
office space (of the net lettable area1), will not be required
to disclose a NABERS Energy rating. For example:
- A 100,000 m2 building with office space of 90,000 m2 and retail
space of 10,000 m2 would need to disclose an energy efficiency
rating.
- A 100,000 m2 building with office space of 60,000 m2 and warehouse
space of 40,000 m2 would not need to disclose an energy efficiency
rating.
This approach to mixed use buildings is an interim measure during the transition
year of the program and will be subject to review by a panel of industry experts.
This panel will report back to the Government before the end of July 2011 on their
recommendations. Industry will be given clear advice and an appropriate timeframe
to adapt to any changes, recognising the possible need for metering changes and
collection of 12 months data for a NABERS Energy rating.
What action do I need to take?
If your building has less than 75 per cent office space, it is classed as an exception
to the CBD program and you do not need to take any action.
To ascertain if your building is within the 75 per cent threshold, it must be determined
in accordance with the Method of Measurement for Lettable Area’ published
by the Property Council of Australia and available from their website at www.propertyoz.com.au.
Refurbishments
Buildings which have had major refurbishments that will have a substantial effect
on the energy performance of the base building, will not be required to disclose
a NABERS Energy rating for two years from when the certificate of occupancy is issued.
Major refurbishments are those that involve substantial changes being made to the
fabric, plant or equipment in the building and require a certificate of occupancy
issued under a law of a State or Territory, prior to the building being occupied
or reoccupied.
What action do I need to take?
If your building has undergone a major refurbishment it is classed as an exception
to the CBD program for two years after the issue of the certificate of occupancy
and no action needs to be taken during this time. However, after two years of occupancy
it is assumed that energy data can reasonably be assessed and from this point most
building owners will need to comply with the legislation and disclose an energy
efficiency rating.
To download the PDF version, click here.
1 For some buildings, such as mixed office/warehouses, gross lettable
area may be the industry standard. Where this is the case, and net lettable area
is not available for this calculation, gross lettable area may be used.