Mandatory Disclosure FAQ
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Transcript of Mandatory Disclosure FAQ
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8/8/2019 Mandatory Disclosure FAQ
1/2
environment.gov.au/buildings
National Strategy on Energy Efciency
Australian, state and territory governments agreed to
phase in the disclosure of commercial building energy
efciency through the National Strategy on Energy
Efciency announced in July 2009.
The disclosure scheme will happen in two phases:
Phase one ofce buildings covering 2,000 squaremetres or more
Phase two expanding disclosure to other
commercial building types, including hotels, shops,
schools and hospitals
The parameters for the implementation of phase one
were agreed by governments in November 2009.
Visit www.environment.gov.au/buildings to nd
out more
Email your questions to
DISCLOSURE OF COMMERCIALBUILDING ENERGY EFFICIENCY
Starting in the second half of 2010, up-to-date energy efciency information will need to be disclosed to
prospective buyers or tenants when ofce space covering 2,000 square metres or more is sold, leased
or sub-leased.
The energy efciency disclosure scheme for commercial buildings is part of an ambitious plan to drive
more energy efcient homes and workplaces.
Image credits Page 1 (L to R): Ecologically Sustainable Development (ESD) Building
Management (Erica Lauthier, Michelle McAulay, Erica Lauthier)
What difference will disclosure make?
Energy efciency disclosure creates a more informed
market that rewards better performing buildings and
stimulates greater investment in energy efciency.
Disclosure will:
Deliver consistent, credible, comparative and
meaningful information about building energyefciency
Allow energy efciency and energy costs to be
considered by prospective buyers and tenants
Provide building owners with information on how
their building rates, and
Encourage more efcient buildings, lower energy
use and lower emissions.
More sustainable buildings can also deliver
improvements to staff morale, productivity and help
support green jobs.
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8/8/2019 Mandatory Disclosure FAQ
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environment.gov.au/buildings
When will disclosure occur?
When ofce space is advertised for sale or lease, a
NABERS Energy star rating must be included in the
advertisement.
When prospective buyers or tenants enquire about
ofce space, they must be provided with a valid
building energy efciency certicate as early as
possible in the process, free of charge, whether
requested or not.
Prospective buyers or tenants will also be able to
access the certicate on an online registry using a
unique reference number.
Will ratings be publicly available?NABERS Energy star ratings will be publicly
accessible on the online registry via a searchable
database. However, to access a full building energy
efciency certicate on the registry, you will need a
unique reference number.
Are there any penalties?
Compliance and enforcement details will be specied
in the legislation. Possible enforcement provisions
could include:
a maximum penalty of $100,000 for each offence of
non-disclosure, and
publishing the name of organisations who have not
complied on a publicly accessible website.
When will the scheme commence?
Commonwealth legislation is now being developed to
give effect to the scheme in the second half of 2010,
with a nal commencement date dependant on the
passage of the legislation through Parliament.
Who needs to disclose?
Building owners need to meet the requirements of the
scheme if they are selling or leasing ofce space with
a net lettable area of 2,000 square metres or more.
Tenants who are sub-leasing ofce space with a net
lettable area of 2,000 square metres or more will also
need to comply.
New ofce buildings will be exempt from the scheme
until they have sufcient energy use data to obtain a
rating.
In the legislation, limited exemptions will also be
granted in certain situations, for example where a valid
energy efciency rating cannot be obtained.
What will be disclosed?
In all cases, a building energy efciency certicate
will need to be disclosed. The certicate will generally
include three components:
a National Australian Built Environment Rating1.
System (NABERS) Energy base building star rating,
tenancy lighting details, and2.
energy efciency guidance.3.
The specic components required will depend on thenature of the transaction and will be prescribed in
legislation for the scheme.
If a building has inadequate metering to obtain a base
building rating, a whole building rating will be required.
For ofce buildings that have been substantially
refurbished within the previous 12 months, the scheme
will allow the star rating to be modelled in accordance
with the NABERS Energy simulation protocol.
For sub-leases, the NABERS Energy star rating
will only need to be disclosed if an existing rating isavailable to the tenant who is sub-letting ofce space.
Building energy efciency certicates will remain valid
for 12 months.
REN07.1
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Image credits Page 2 (L to R): Ecologically Sustainable Development (ESD) Building
Management (Sebastian Immaraj, Sebastian Immaraj, Erica Lauthier)