Real estate agents engaged by building owners or lessors to sell or lease office space may have obligations under the Building Energy Efficiency Disclosure Act 2010 (BEED Act).
The Commercial Building Disclosure (CBD) Program, established in accordance with the BEED Act, requires most sellers and lessors of office space of 1000 square metres or more to:
- obtain a Building Energy Efficiency Certificate (BEEC) before the office space goes on the market for sale, lease, or sublease
- include the building's NABERS Energy for offices star rating, obtained from the BEEC, in any advertising material for the office space.
Advertising material for the sale, lease or sublease includes banners on buildings, foyers and perimeter fences; print advertisements; internet listings and EOIs sent directly to potential purchasers or lessees. For more information on the correct way to advertise, see Advertising. In addition to the guidance note on advertising, the CBD Program has provided a brief PowerPoint presentation for Real Estate agents.
Real estate agents should not commence any advertising, or invite anyone to let or sell affected office space, prior to obtaining a BEEC or being granted an exemption by the Department. Commencing advertising or offering affected office space prior to this is a contravention of the BEED Act.
There are additional conditions when using a 'targeted' NABERS Energy star rating as stated in a NABERS Energy Commitment Agreement. These 'targeted' ratings cannot be used to meet your obligations under the BEED Act.
The Department monitors advertisements in print and internet listings, conducts field surveillance for banners on buildings, and investigates reported contraventions of the BEED Act.
While our approach is to encourage voluntary compliance with the requirements, the Department will pursue those who opportunistically or deliberately contravene the law. There are heavy penalties for non-compliance with the BEED Act - infringement notices have previously been issued to both building owners and their real estate agents. For further information, see compliance.
Why is a BEEC important?
The aim of the CBD Program is to improve the energy efficiency of Australia’s large office buildings, to help reduce greenhouse gas emissions and mitigate climate change. Disclosing the energy efficiency rating provides everyone with access to consistent and meaningful information about the building’s performance. This makes it easier for potential owners or lessees to buy or rent more energy efficient office space.
You can use the energy efficiency information to improve the building's marketability. More energy efficient buildings provide benefits for sellers and lessors as well as prospective buyers and tenants. These range from competitive advantage to improved productivity. See more about the benefits.