To create a Building Energy Efficiency Certificate (BEEC), two assessments must be completed:

In some cases, it isn’t possible to complete a TLA assessment or NABERS Energy for offices rating because the disclosure affected building or area is non-assessable. You may be eligible for an exemption.

A disclosure affected building (or area) may be granted an exemption if a building is considered ‘non-assessable’ because of the characteristics of the building (or area).

It is a requirement under section 21 of the Building Energy Efficiency Disclosure Act 2010 (BEED Act) for a disclosure affected building (or area) to apply the methods and standards for assessments within the Building Energy Efficiency Disclosure Determination 2016 (BEED Determination) to determine a building (or areas) energy efficiency disclosure obligations.

‘Non-assessable’ under section 17 of the BEED Act means due to the characteristics of the building it is:

  • not possible to work out an energy efficiency rating for the building (or area); or

  • not possible to perform a lighting energy efficiency assessment for the building (or area).

These energy efficiency ratings are currently the NABERS Energy Rating and the TLA.

The intention of the CBD Program is to promote the disclosure of information about energy efficiency of buildings through regulation from the BEED Act and the Building Energy Efficiency Disclosure Regulations 2010 (BEED Regulations). An exemption application must include, among other things:

  • details of any steps taken by the applicant to comply with the disclosure provision or provisions, including timeframes within which compliance is to be achieved; and

  • the applicant’s reasons for seeking the exemption.

In practice, this means that an applicant should attempt to make steps to comply with energy efficiency disclosure obligations before applying for an exemption. An application for an exemption on this basis must include the reasons the building (or area) is non-assessable.

Specific requirements

In addition to the standard requirements, an exemption application on the basis of a ‘non-assessable’ building (or area) must include:

  • an assessment by a CBD Accredited Assessor (Assessor), showing that the building (or area) is non-assessable; and

  • whether the Assessor has complied with subregulation 9(3A) by disclosing any conflict of interest in relation to the application.

Both requirements can be completed through the CBD Assessor Portal.

An exemption on this basis may only be granted if the Secretary (or Delegate) is satisfied that the building (or area) is ‘non-assessable’.

An exemption application on this basis should include supporting documentation to assist the Secretary (or their Delegate) in being satisfied that the building (or area) is ‘non-assessable’. The assessment must show it is:

  • not possible to work out an energy efficiency rating (NABERS Rating); and/or

  • not possible to perform a lighting energy efficiency assessment (TLA assessment).

Where the Secretary (or their Delegate) is not satisfied that the building (or area) is non-assessable, they may request additional information to support the exemption application, which may delay processing.

Evidence of efforts to comply

Examples of different exemption scenarios and the various evidence requirements are shown below.

Access to disclosure affected buildings and information

Section 18 of the BEED Act gives Assessors the right to information and access to disclosure affected buildings so they can do an assessment.

Owners and tenants must comply with an information gathering or access notice issued by an Assessor or face civil penalties.

If an Assessor is unable to complete a TLA or NABERS rating because they are denied access to required information or spaces, you may be eligible for an exemption.

Contact us for more information.

Apply for this exemption

To apply for this exemption, you should engage a CBD Accredited Assessor to determine that the disclosure affected building or area is non-assessable. They can also assist you to complete the application on your behalf and include their supporting statement.

The application can be made by the Assessor in the CBD Assessor portal.

There is a $483 (GST free) fee for this application.

Timeframes

The Department of Climate Change, Energy, the Environment and Water (the department) considers applications on a case-by-case basis. We aim to process these exemption applications within 21 calendar days of receipt.

If your application is incomplete this may cause delays. We will contact you as soon as practical if there are any issues with your application.

We will notify you of the decision by email. If granted, the exemption is valid for a maximum period of 12 months from the date of issue.

If your application is refused, you can request a review of our decision under section 67 of the BEED Act.

Contact us to apply for a review of our decision.

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