MANDATORY DISCLOSURE
What is Mandatory Disclosure?
Mandatory Disclosure is where buildings will be required to provide details of their energy performance over the previous 12 months whenever there is a transaction (sale, lease or sublease) of more than 2,000m2.
Mandatory Disclosure will come into effect some time during 2010 (exact date not confirmed yet). It is occurring as part of the Commercial Building Energy Efficiency Disclosure (CBEED) scheme. The Commonwealth Department of Environment, Water, Heritage and Arts (DEWHA) is responsible for the overall administration of the CBEED scheme.
Very basically, Mandatory Disclosure will require a NABERs Energy Base-Building rating (or whole building rating in exceptional circumstances), AND an assessment of the lighting throughout the office space, AND additional guidance on Energy Efficiency (how to improve the energy efficiency of a building).
There will be penalties for non compliance, but these penalties have not been confirmed yet.
The Federal and State Governments have already approved the parameters of the Mandatory Disclosure Scheme (in November 2009), and Legislation is currently being drafted. This Legislation is expected to be passed by both Houses of Parliament by the end June 2010. There will then be a period of additional training and awareness raising before it comes into force in mid-late 2010.
Once the program is up and running for office buildings, it is likely to be expanded to other building types (hotels, retails, education, hospitals etc).