Policy status:In Force
Date Effective:2011
Policy Type:Regulatory Instruments>Monitoring, Regulatory Instruments>Other mandatory requirements, Regulatory Instruments>Auditing, Information and Education>Information provision, Information and Education>Performance Label>Endorsement label
Policy Target:Buildings>Building Type>Non-residential, Lighting>Commercial, Buildings
Agency:Department of the Environment and Energy
Legal References:Building Energy Efficiency Disclosure Act 2010
Enforcement:All potential contraventions of the Building Energy Efficiency Disclosure Act 2010 (BEED Act) are prioritized for investigation using a risk management approach. In addition, the BEED Act sets out provisions for auditing energy efficiency assessments under the CBD Program to ensure they are done properly. Desktop audits are used to check whether a CBD assessor has conducted an assessment accurately. In some cases an onsite audit may be conducted.
Evaluation:A review of the Commercial Building Disclosure (CBD) Program was conducted in 2013 by Grosvenor Management Consulting (Grosvenor). The findings of the review indicated the CBD Program was operating well. Key indicators from the survey of CBD Accredited Assessors and interviews with stakeholders, to support this finding are: - 80% of respondents were satisfied with the current processing time for a BEEC and nearly 70% of respondents were satisfied with current processing times for Tenancy Lighting Assessments (TLA). - Over 90% of respondents rated the service provided by the CBD team in issuing BEECs and TLAs as excellent or good. - The majority of stakeholders who had contact with the CBD team indicated that the team was responsive to their requests and they were satisfied with the interaction. The review also identified opportunities to further improve the operational efficiency of the Program. A number of these have since been put in place and others are being implemented.
Penalty:Civil penalties of up to AUD 170 000 for the first day of non-compliance and up to AUD 17 000 for each subsequent day of non-compliance may be imposed by a court. Alternatively, The Department of Industry may issue an infringement notice of up to AUD 17,000 for the first day and up to AUD 1,700 for each subsequent day of non-compliance.

Under the Building Energy Efficiency Disclosure Act 2010 (the Act), there are mandatory obligations applicable to many commercial buildings. Most sellers or lessors of office space of 2,000 square metres or more are required to obtain and disclose a current Building Energy Efficiency Certificate (BEEC).

A BEEC is comprised of:

  • a NABERS Energy star rating for the building;
  • an assessment of tenancy lighting in the area of the building that is being sold or leased; and
  • general energy efficiency guidance BEECs are valid for 12 months and must be publicly accessible on the online Building Energy Efficiency Register.

The Australian Government, Department of Industry has appointed ACIL Allen Consulting to undertake an independent review of the Commercial  Building Disclosure (CBD) Program.

25 Energy Efficiency Recommendations Applied:Buildings, Improved energy efficiency in existing buildings, Buildings, Building energy labels or certificates, Lighting, Buildings

date effective: 2011 (10 November)

Last modified: Mon, 30 Oct 2017 12:29:03 CET