Your obligations and rights
The Commercial Building Disclosure (CBD) Program requires most sellers and lessors of office space of 1000 square metres or more to obtain a Building Energy Efficiency Certificate (BEEC) before the building goes on the market for sale, lease or sublease.
BEECs include the building’s National Australian Built Environment Rating System (NABERS) Energy for offices star rating and a Tenancy Lighting Assessment (TLA) of the relevant area of the building. The Energy star rating must also be included in any advertising for the sale, lease or sublease. The higher the rating, the more energy efficient the building.
As the owner or lessor of a disclosure affected building, you must provide a current, valid BEEC to potential buyers or lessors free of charge as early as possible in the transaction enquiry process and when requested. Section 12 of the Building Energy Efficiency Disclosure Act 2010 details the process for requesting a BEEC from the seller or lessor of the building. BEECs must also be publicly accessible on the Building Energy Efficiency Register.
The building’s NABERS Energy star rating, from the BEEC, must be included in any advertising material for the sale, lease or sublease of the building or office space.
You may also be required to provide information about, and access to, a disclosure affected office to a CBD accredited assessor if requested —although in certain circumstances you may apply for an exemption to this requirement.
To check if you are affected, see Does this apply to me?
To find out more about buildings that may not be affected—either because they are considered an exception to disclosure requirements or because they may be granted an exemption—see Exceptions and Exemptions
Why is it important?
The CBD Program makes it easier for prospective tenants and buyers to buy or rent more energy efficient office space because it provides consistent and meaningful information about a building’s energy efficiency performance. The Australian Government Department of Climate Change, Energy, the Environment and Waters collects and publishes this information in our Building Energy Efficiency Register to provide credible and comparable energy efficiency and greenhouse emissions data. This is creating a more informed commercial property market and encouraging more energy efficiency buildings and reduced emissions.
The CBD Program aims to improve the energy efficiency of Australia’s large office buildings and help reduce greenhouse gas emissions.
You may be able to use the required energy efficiency information to improve your building’s marketability and its energy efficiency. Benefits of having a more energy efficient building can range from competitive advantage to higher future capital value. See more about the benefits for building owners and lessors.
For more information see Get and use a rating.
For more information about your legal responsibilities, see How do I comply?
Final responsibility for complying with the Building Energy Efficiency Disclosure Act 2010 rests with the building owner or lessor who is seeking to sell, lease or sublease the building. There are penalties for failing to comply with your obligations under the BEED Act - for more information, see how to comply when you selling, leasing or subleasing.
Find an accredited assessor
Only CBD accredited assessors can apply for BEECs on behalf of building owners or lessors. You can search our Register of CBD accredited assessors to find details of people who are accredited as CBD assessors under the provisions of the Act.