By Phillip Leaman

27 August 2015

On 1 July 2015, the Energy Efficiency Disclosure Act 2010 (Cth) was amended.

Under the Building Energy Efficiency Disclosure Act 2010 (Cth) a prospective purchaser or lessee has the right to require the owner to provide a valid and current Building Energy Efficiency Certificate (BEEC) of a building for commercial buildings with a floor area over 2,000 square metres. Failure to make the relevant disclosure is an offence attracting a civil penalty of up to 1000 penalty units (over $100,000).

Recent amendments to the Act provide for building owners to be exempt from this requirement as follows:

  • When they obtain an unsolicited offer from a prospective purchaser or tenant and the party waive’s their right to a BEEC;
  • When the sale or lease is between wholly-owned subsidiaries
  • When an exemption exists in relation to a building, a new building owner will not be required to reapply or pay the application fee for a new application.

In addition, building owners who are required to produce a Building Energy Efficiency Certificate can now delay their BEEC’s commencement date to be after the certificates issue date, allowing for owners to obtain new certificates ahead of time.

What does this mean for you?

If you are the owner of a building that has a floor area over 2,000 square metres you must comply with the Act unless a specific exemption applies. You must be careful to review exemptions as each has particular guidelines and requirements and an exemption will only apply if all requirements are met. For example, no more than 1 exemption can be sought in respect to an unsolicited offer in any 3 month period. If an exemption applies, an application to apply the exemption must be made.

 

Feel free to contact one of our experts if you have any more questions.

Related Articles

View All
Business Law / Construction / Employment Law

September 2018 Newsletter

September 2018 Newsletter See the full newsletter here Welcome TLFC Law are pleased to welcome Min Seetoh to the...
Read More
Property & Development / Real Estate Agents

Unprofessional estate agents need not read this.

Apart from re-arranging some sections, estate agents have additional obligations of professional conduct They include:...
Read More
Property & Development / Litigation & Dispute Resolution

Subpoenas: think twice before pushing the button

In a recent decision of the Supreme Court of Victoria, Brady Queen Pty Ltd and 280 Queen Street Pty Ltd & Anor (No...
Read More
Business Law / Property & Development / Developments

Tisher Liner FC Law finalists in the Australian Law Awards 2018

The 18th annual Australian Law Awards, in partnership with UNSW Law, recognises the outstanding contribution of...
Read More
Litigation & Dispute Resolution / Property & Development / Developments

Rules of Thumb for Purchasing a Property

Good advice is only going to benefit you if you take advantage of it This applies whatever your purpose for the...
Read More
Property & Development / Developments / Owners Corporations & Strata

Landlords – Make sure you get paid!

So what are the tips to get paid Make sure your lease is valid Has there been a renewal since the lease was entered...
Read More
Real Estate Agents / Property & Development

ESTATE AGENT UPDATE – Agents breathe a sigh of relief

A recent case in the Victorian Court of Appeal in Advisory Services Pty Ltd v Augustin held that certain rebate...
Read More
Property & Development / Developments / Real Estate Agents

Developers – Are you ready for 1 July 2018? New GST withholding regime for residential property transactions

From 1 July 2018, the new GST withholding regime requires purchasers of new residential premises or potential...
Read More
Owners Corporation / Property & Development / Owners Corporations & Strata

Considering renovating your apartment? Have you checked you legally own it?

Our population is growing and the construction of higher-density housing is booming Considering renovating If you opt...
Read More
Construction / Property & Development / Construction

Nafsika Palbas Wins Lawyers Weekly 30 Under 30

Entrants for the award were required to demonstrate strong performance in their areas of expertise in conjunction with...
Read More
Owners Corporation / Owners Corporations & Strata / Health & Aged Care

Owners Corporations & Retirement Villages in Victoria

People in Victoria over 55 years of age and who have retired from full time employment, may be eligible to purchase a...
Read More
Australia-Israel Legal Advice / Charities & Not-for-Profit / Technology and Start Ups

TLFC – Award Finalist for Law Firm of the Year (Medium Category)

Tisher Liner FC are proud to be nominated as an award finalist in the 14th annual Victorian Legal Awards Medium Law...
Read More