NettZero News April - CBD Program Update

The Commercial Building Disclosure program is now in its sixth month.

This update covers:
1. The new Tenancy Lighting Assessment Rating rules
2. Training for NABERS Accredited Assessors
3. Clarification for CBD Scheme Issues

1. The new Tenancy Lighting Assessment Rating Rules
The program will soon expand with the finalisation and implementation of the Tenancy Lighting Assessment component of the scheme. We recently participated in an Industry roundtable discussion that was called to help clarify numerous issues raised by the Options Paper which was released by DCCEE in January 2011. Submissions have now closed and they are now being considered by the CBD Team to finalise the Tenancy Lighting Assessment rules. We look forward the Final Rules which are due for release in late May.

2. Training for NABERS Accredited Assessors
Only CBD Accredited Assessors will be able to undertake NABERS Energy ratings, Tenancy Lighting Assessments, and lodge applications for BEECs on behalf of clients. All of NettZero’s NABERS Accredited Assessors will be undertaking the additional training to become CBD Accredited Assessors. This training program is expected to be available in June and, all going to plan we should be CBD Accredited and in a position to apply for full BEEC’s on behalf of our clients in July 2011. This will help all buildings with a NABERS Rating expiring in July/August/September time frame to obtain a full BEEC instead of just a NABERS Rating. It will also allow our Clients to ‘synchronise’ their NABERS Rating with the Tenancy Lighting Assessment ASAP. This will greatly simplify the compliance requirements post the November 1 deadline as well as saving the costs of undertaking separate Tenancy Lighting Assessments.

3. Clarification for CBD Scheme Issues
The CBD Team continues to clarify various components of the program; they have recently clarified 3 topics by adding to the FAQ section of their website. The topics are:
a) Maintaining a valid BEEC,
b) NABERS Energy ratings prepared in the transition period in a BEEC, and
c) Preparing for an unsolicited offer.

Full explanations are available on the cbd.gov.au however our short summaries are below.

a) To maintain a current BEEC, the new BEEC must be registered prior to the expiration of the previous BEEC (or NABERS Rating). The NABERS Rating periods do not need to be ‘back to back’.

b) A NABERS Energy rating (base or whole building,) is being used for the CBD program. Accordingly, a ‘recognised rating’ during the transition period is a NABERS Energy rating.

c) An unsolicited offer triggers a disclosure obligation as soon as a constitutional corporation that received the unsolicited offer enters into any kind of negotiation with the person who made the offer about the terms of sale, lease or sublease. This is because the constitutional corporation would be regarded as engaged in at least one of the four types of conduct that triggers the disclosure obligation.
Building owners who wish to be able to entertain unsolicited offers without delay should consider maintaining a valid current Building Energy Efficiency Certificate at all times.