Commercial Building Disclosure (CBD) is a national program designed to improve the energy efficiency of Australia’s large office buildings.

The disclosure requirements under the CBD program will commence on 1 November 2010.

The CBD program will ensure that credible and meaningful energy efficiency information is available to prospective purchasers and lessees of large commercial office space. Owners and lessors of commercial office space with a net lettable area of 2,000m² or more will be required to disclose energy efficiency information to prospective purchasers and tenants when the space is to be sold, leased or subleased.

Transitional Provisions

The legislation contains transitional provisions that will apply for the first twelve months of the program (i.e. from 1 November 2010 to 30 October 2011). During this period, a valid National Australian Built Environment Rating System (NABERS) Energy base or whole building rating, must be disclosed. After the transition period, a full Building Energy Efficiency Certificate (BEEC) is required to be disclosed.

Requirements for a Building Energy Efficiency Certificate

The requirements to disclose a BEEC will commence in the second year of the program (i.e. from 1 November 2011) and will include three components:

1.   a NABERS Energy base building rating
2.   tenancy lighting information
3.   generic energy efficiency guidance.

The BEEC will be valid for up to 12 months. At the time of disclosure, the certificate will need to be valid, current and registered on the publicly accessible registry on the program’s website.

For More Information

A new CBD program website has been established, with links to the Act and subordinate legislation:  www.cbd.gov.au

NABERS Energy Base Building Rating Checklist

The following information is required for a NABERS Energy Base Building rating. This checklist covers the minimum of information needed, but individual ratings may require additional information or documentation depending on the individual circumstances of the premises.

Rated Hours 

• Documentation notifying the building manager of agreed Hours of Service for normal and after-hours operation.
• After-hours air conditioning request logs.
• Any documentation required to verify hours of occupancy over 60 hours a week.
• Permission from any affected third parties to survey staff managers or supervisors responsible for the Functional Spaces in the premises to be rated to determine hours of occupation; and the survey itself, if required.

Energy & Water Usage

• Single-line diagrams, electrical circuit schedules and diagrams to ensure all energy sources are included.
• Evidence of accuracy and validation of high-voltage electricity meters and all other non-utility meters and records of non-utility meters.
• Documentation of any agreements between tenants or between building owner and tenants, to allocate costs or responsibility for consumption (for example for shared facilities or shared supplies).
• Utility billing data covering the full 12 months of the Rating Period for each energy source (e.g. Electricity, gas, diesel) used in the rated premises.
• Bills for deliveries of any discrete (batch) supplies, showing quantities delivered and how they were measured.
• Documentation of any GreenPower purchases, including the allocation of bulk purchases.

Penalties

Failure to disclose may result in civil penalties of up to $110,000 for the first day and $11,000 for each subsequent day may be imposed by a Court for each breach of a disclosure obligation. Alternatively, the Secretary of the Department of Climate Change and Energy Efficiency can issue an infringement notice of up to $11,000 for the first day and $1,100 for each subsequent day of non-compliance.

Further penalties may apply for various breaches of the CBD.  Refer to the website for further information www.cbd.gov.au.

Have you got a CBD action plan ?

Napier & Blakeley are experts in the provision of strategic property advice and can assist in getting your property ready for the demands of this new legislation.

Call Napier & Blakeley today to ensure you are ready for this legislation.

With over 25 year’s industry experience, we can assist you in:

• Sustainable Property Solutions
• Quantity Surveying
• Property Depreciation Allowances
• Green Star & NABERS Ratings
• Due Diligence & Capex Planning
• Insurance Reinstatement Costs
• Project Management

Our strategic, cost effective advice will best position your property for the future.

NSW / ACT / WA / NZ  -  Rod Clarke, Alastair Walker -  02 9299 1899
VIC /  SA  / TAS  -  Peter Frith, Rob Howells -  03 9915 6300