Mandatory Disclosure Toolkit

November 2011 Lighting Tool Deadline

 

Mandatory disclosure of lighting performance commences on 1 November, 2011.

The following materials have been provided by the Department of Climate change and Energy Efficiency to assist in the transition:

Click here to download the quick guide to CBD.
Click here to access video and presentations from the Department's recent seminar series.

The Property Council has repeatedly told the Government that:

bullet point The lighting tool is ill conceived as it will NOT change market behaviour, particularly in relation to building sales;
bullet point The lighting tool is poorly designed – it does not produce results that are meaningful or consistent;
bullet point The industry has not been provided with enough time to prepare for the new regime – the Government took 10 months to finalise the tool and left industry only 10 weeks to comply;
bullet point There are not enough experienced, accredited assessors to undertake lighting assessments.

The Government has refused to conduct rigorous pilot testing of the new lighting tool and yet remains determined to impose this new disclosure obligation (and green tape) on the industry.

Industry has embraced base building NABERS assessments and has complied fully with the transitional phase of the mandatory disclosure regime.

We support meaningful disclosure. However, the lighting tool fails every test of good public policy design – it will not create a more informed marketplace. Instead, it will divert time and money from effective programs for improving the environmental performance of buildings.

 


 

The Commercial Building Disclosure program kicked-off 1 November, 2010

Under the program, most sellers or lessors of office space of 2,000 square metres or more are now required to obtain and disclose an up-to-date energy efficiency rating.

Click here for a list of exceptions and exemptions

Briefing Note: Building Energy Efficiency Disclosure (Disclosure Affected
Buildings) Determination 2010 (No.2)

 


 

Latest Updates

 

Functional skills for an energy efficiency assessment

Conducting an effective energy efficiency assessment requires the right mix of people and skills. Recent research conducted by the National Frameword for Energy Efficiency (NFEE) has highlighted the importance of multi-disciplinary teams, strongly supported by senior management, to maximise the outcomes from energy efficiency assessments.

Download the research

 

Property gears up for mandatory disclosure

Peak industry magazine Property Australia got the views of the industry and the lawyers on what Mandatory Disclosure means to the property sector. more

 

Win for common sense on building energy disclosure

Property owners have secured a significant change to the Commonwealth government’s commercial building energy disclosure scheme.

The Commercial Building Disclosure Program, which requires owners of more than 2,000 square metres of lettable office space to disclose their energy rating, now exempts most mixed-use buildings.

The changes to the scheme, which commenced on 1 November, mean that buildings such as warehouses, shopping centres, hotels and hospitals with less than 75 per cent total office space, do not have to comply with the disclosure requirements.

Major refurbishments will also be exempted from the scheme.

Download the government press release.

For further details, click here  

NAT Method of Measurement 2008

To find out if your building is within the 75 per cent threshold, it must be determined in accordance with the Property Council's Method of Measurement.

Purchase a copy now

 

New mandatory disclosure guide from JLL

Jones Lang LaSalle has released a quick and handy “how-to” guide on mandatory disclosure for property managers, owners and occupiers.

Download the guide


 

Download a factsheet on the program below

FACT SHEET: Commercial Building Disclosure Program - JULY update

 

March
The Minister Assisting the Minister for Climate Change and Energy Efficiency, Greg Combet on 18th of March introduced the Building Energy Efficiency Disclosure Bill 2010 into Parliament to legislate for mandatory disclosure.

Please see the links below for the relevant documents, including the Bill and Minister’s second reading speech:

The Bill 

Explanatory memorandum  

Briefing Document

Internationally renowned legal firm Norton Rose has drafted a briefing document into the new bill which details the potential legal difficulties posed by the new legislation.

Click hereNorton Rose to view the briefing document.

 


 

Video: What you need to know

 

 

magnifying glass man question 100


Did you know?


 

From the second half of 2010, building owners will need to provide up-to-date energy efficiency information when they sell or lease office space that is greater than 2,000 square metres.

Read on for the latest information and tips on preparing your business for disclosure day.

 


 

Quick Links:

Top 10 legal tips

FAQs  

Tools

More information 

 


 

Top Ten Legal Tips

Mandatory Disclosure top ten legal tips graphic

Click here to download a copy of the top ten legal tips

 



 

FAQs

Who is covered?

Mandatory disclosure will apply to all office buildings, or parts of buildings, with a net lettable area (NLA) of more than 2,000 m2.

Initially the scheme will apply only to BCA Class 5 Buildings (office buildings used or designed for professional or commercial purposes), but other classes are likely to be introduced into the scheme over time.

What do I have to do?

Owners and managers will be required to provide a Building Energy Efficiency Certificate (BEEC) (valid for 12 months). which includes a NABERS Energy rating.

When does it start?

The commencement date for the scheme has not been announced.

The latest update from Environment Minister Peter Garrett indicates that the scheme is scheduled to start in the second half of 2010.

When will I have to disclose?

Disclosure will be required whenever space is offered for sale, lease or sublease.

Where will I have to disclose the information?

The information must be disclosed:

bullet point in any advertising material;
bullet point to all prospective buyers and tenants; and
bullet point to a central registry.

What is a Building Energy Efficiency Certificate?

BEECs disclose the energy use information of the building. A BEEC is provided by the landlord or agent at the point of sale or lease.

See sample: Building Energy Efficiency Certificate

What information will be on a BEEC?

Core requirements for a valid BEEC will include:

bullet point a certificate reference number, certification date and validity date (12 months from certification);
bullet point the building name and address, including post code;
bullet point key building data, including building size, year of construction, etc.;
bullet point an appropriate base building star rating based on the metrics described above;
bullet point appropriate tenancy lighting details;
bullet point detailed energy consumption and greenhouse gas emissions data;
bullet point building assessor details, including name, trading address, assessor number;
bullet point where relevant, the presence of any co-generation or tri-generation facilities within the building; and
bullet point energy efficiency guidance for the base building and fixed lighting of the tenancy space being offered for sale or lease.

Why is mandatory disclosure being implemented?

The federal government is implementing this scheme as part of its National Energy Efficiency Strategy.

The aim of this strategy is to encourage the use and deployment of more energy efficient measures in homes and offices, and in turn reduce Australia’s greenhouse gas emissions.

Will my building be affected?

The measure will initially cover only BCA Class 5 buildings. These are office buildings used for professional or commercial purposes.

This does not include buildings in retail, car park, storage, production and public building classifications of the BCA.

Are tenants required to do anything?

In most instances tenants will retain responsibility for their own light and power consumption.

Outside of the lease agreement, tenants are not obligated by law to maintain or contribute financially to improving the energy efficiency of their building.

Are there exemptions?

The scheme will provide a limited number of general exemptions, but these have not yet been determined.

In similar schemes, exemptions exist in relation to:

bullet point places of worship;
bullet point temporary buildings;
bullet point buildings to be demolished;
bullet point non-serious purchasers or lessees; and
bullet point where a person made reasonable attempts to obtain a certificate but could not obtain one.

Other possible exemptions may be where 12 months of data is not available (for example, for a new building), or where inadequate metering or other factors prevent an accredited assessor from being able to achieve the required information quality standards of a NABERS Energy assessment

Can I get around the scheme?

No. Enforcement of the scheme will be based on Commonwealth legislation and will include a range of enforcement measures.

While there is no intention to apply specific criminal penalties for the breach of the disclosure obligation, criminal penalties may arise in some circumstances; for example, where intentional misconduct has occurred. 

 


 

Tools 

Existing Buildings // Survival Strategies II: making it happen

A Guide to Corporate Responsibility Reporting in the Property Sector

Managing Indoor Environment Quality

 


 

More Information

For further information on Mandatory Disclosure, submit your queries here.

 


 

Information on Mandatory Disclosure Webinar

Webinars combine the ease of a teleconference with visual presentations delivered direct to your PC.

The Property Council partnered with the Federal Department of the Environment, Water, Heritage and the Arts (DEWHA) and the NABERS team, delivered a series of seminars around Australia in November and December 2009 to bring the industry up to date on the impacts of Mandatory Disclosure regualtion.

The webinar is designed for those who missed out on the seminars. By participating in this webinar you will hear from leading government and industry figures on:

bullet point  How these regulations will work;
bullet point  What your obligations are; and
bullet point  The strategies you can start putting in place right now to make your disclosure process as painless as possible.

 

Platform:
Climate Change & Environment

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