If your building or area is disclosure affected, you may be eligible to apply for an exemption from your disclosure obligations, in some circumstances.

Read about disclosure affected buildings or areas.

A building owner, or an applicant acting on their behalf, can apply for any exemptions to the Department of Climate Change, Energy, the Environment and Water (the department). Some exemption applications will incur a fee.

The department considers applications on a case-by-case basis. We aim to process exemption applications within 21 calendar days of receipt.

The department may audit exemption applications for compliance.

Guidance for applicants

In some circumstances, it may not be possible to complete an assessment for a disclosure affected building (or area). If these situations arise, a person, or a CBD accredited Assessor (Assessor) acting on the person’s behalf, may apply for an exemption from a building’s disclosure obligations.

An application must include information prescribed by the Building Energy Efficiency Disclosure Act 2010 (BEED Act) and the Building Energy Efficiency Disclosure Regulations 2010 (BEED Regulations) and should be supported by documentation to satisfy the Secretary of the Department (or their Delegate) that an exemption should be granted. This section sets out guidance on providing this information in more detail.

Read more at Disclosure affected buildings.

Standard application requirements

Regulation 5 of the BEED Regulations specifies the requirements for exemption applications submitted under the CBD Program.

All exemption applications must include:

  • The applicant’s details including name, contact number, postal and email address.
  • For an applicant that is a corporation, its ABN, ACN or ARBN as applicable.
  • The address of the building for which the applicant seeks an exemption, and for applications related to an area of a building – a description that is sufficient to identify the area.
  • The disclosure provision or provisions from which the applicant is claiming the exemption.
  • The nature of the applicant’s interest in the building or the area of the building (e.g. whether the applicant is an owner, lessee or sublessee). 
  • Whether the application relates to the energy efficiency rating and/or lighting energy efficiency assessment for the building (or area). 
  • Details of any steps taken by the applicant to comply with the disclosure provision/s including timeframes within which compliance is to be achieved.
  • The applicant’s reasons for seeking the exemption.

There are also specific requirements for supporting documentation to be included for each type of exemption application set out below.

Reasons for exemptions

There are a number of reasons you can apply for an exemption.

Unsolicited offers to sell or lease your building

If you haven’t offered or advertised your building for sale, lease or sublease for six months and a third party approaches you with an offer, this is an unsolicited offer.

Unsolicited offers to purchase, lease or sublease a disclosure affected building, if accepted, can be exempt from the CBD Program.

Read about how to apply for this exemption.

Major refurbishments

If the disclosure affected building or area is undergoing major physical works that will change the NABERS rating by at least half a star, as assessed by an Assessor, you can apply for an exemption while the refurbishment is underway.

Whether the works will affect the NABERS rating is a judgement for an Assessor to make and justify to the department on your behalf, in order for an exemption to be granted.

Read about how to apply for this exemption.

Buildings that are non-assessable

Sometimes you might be unable to get a Tenancy Lighting Assessment (TLA) or a  NABERS Energy for offices rating. Both of these are needed to create a Building Energy Efficiency Certificate (BEEC).

If you are unable to get a TLA or NABERS Energy for offices rating because the disclosure affected building or area is non-assessable, you may apply for an exemption to the CBD Program.

Read about how to apply for this exemption.

Buildings used by police or security agencies

If your disclosure affected building or area is being used for police and security operations, you can apply for an exemption from the CBD Program.

Police and security operations are often of a sensitive nature and the building or area may not be able to be assessed while it’s in use for those purposes.

Read about how to apply for this exemption.

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