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Energy efficiency disclosure Bill proposed
Posted: 05/05/2010
The Federal Government has foreshadowed the introduction of the Commercial Building Energy Efficiency Disclosure Bill (“Proposed Bill”) in the second half of 2010.
The Proposed Bill heralds a new national scheme (“Scheme”), which, if passed, will require a Body Corporate that owns a commercial office building with at least 2000 square metres of lettable area, to make disclosures to prospective purchasers and lessees in relation to the energy efficiency of the office building in the form of a ‘Building Energy Efficiency Certificate’ (“Efficiency Certificate”).
If the Proposed Bill is passed in its present form, the Efficiency Certificate will need to disclose, among other matters:
• the building size;
• date of construction of the building;
• data on the energy consumption and greenhouse emission of the building;
• the National Australia Built Environment Rating System (“NABER”) energy rating of the building;
• energy efficiency guidance for the building.
Further, the Proposed Bill foreshadows the requirement for the NABER rating to be included in all advertising material relating to the sale or lease of the building and for the Efficiency Certificate to be provided to prospective purchasers and tenants.
The Proposed Bill envisages that a Body Corporate that does not comply with the proposed obligations under the Scheme will be exposed to the risk of infringement notices, fines, court action, the withholding of receipt of payment from a purchaser, specific performance and/or damages.
It the Proposed Bill is passed in its present form, it will be important for both owners and lessors of affected commercial office buildings familiarise themselves with their obligations under the Scheme to avoid the significant penalties foreshadowed for breaches of the Scheme. |
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