As of 1 July 2017, owners, landlords and tenants intending to sell, lease or sublet office space with an area of 1000 m² or more may be required to first obtain a Building Energy Efficiency Certificate. The Certificate must provide details with respect to the energy efficiency, water usage, waste management and environmental quality of the building by way of a star rating system known as NABERS Energy rating.
Disclosure Affected Building/Areas
These obligations apply to:
1. A “disclosure affected building of 1000 m2 or more” – being a building that is used or capable of being used as an office; and
2. A “disclosure affected area of a building of 1000 m2 or more” – meaning an area of a building that is used or capable of being used as an office.
When is a Building Energy Efficiency Certificate required?
A Certificate is required for a disclosure affected building or disclosure affected area of a building of 1000 m2 or more:
1. If the owner is a company and:
– Offers to sell the building;
– Invites an offer to enter into a contract for the building or creates a right to purchase the building; or
– Offers to lease or sublet the building or offers to enter into an agreement granting a right to lease or sublet the building; or
1. If the owner is an individual/s, and a proposed purchaser or tenant is a company and wishes to purchase or lease the building – in that case the purchaser/tenant company can require the owner to provide a current Certificate; or
2. If a tenant intends to sublet all or part of its leased building and the tenant is a company, or if the proposed subtenant is a company and requests a Certificate.
A Certificate is not required in the following circumstances:
1. New buildings where a certificate of occupancy has not been issued or was issued less than two years earlier;
2. Buildings for which a major refurbishment has been undertaken and a certificate of occupancy was issued less than two years earlier;
3. Strata-titled buildings;
4. Mixed use buildings where the total office space comprises less than 75% of the building by net lettable area;
5. Sales of a building via a share or unit sale or sales of a partial interest in the building;
6. Leases and subleases for a term and options which together total 12 months or less;
7. An offer to enter into a contract between wholly owned subsidiaries of an entity or between an entity and a wholly owned subsidiary of that entity;
8. Other limited circumstances.
If you are seeking to:
1. Sell, lease or sublet a disclosure affected building or area, or
2. Wish to lease or sublet such a building and want information about the building before you commit to the Lease, you should obtain advice.