Building Energy Efficiency Disclosure Determination 2026

Explanatory Statement

Issued by the authority of the Secretary of the Department of Climate Change, Energy, the Environment and Water

Building Energy Efficiency Disclosure Act 2010

Building Energy Efficiency Disclosure Determination 2026

Legislative Authority

The Building Energy Efficiency Disclosure Act 2010 (the Act) provides for the establishment of the Commercial Building Disclosure (CBD) Program, which requires public disclosure of certain energy efficiency information relating to commercial office buildings in the context of sales and lease transactions.

Sections 11, 12 and 15 of the Act impose disclosure obligations on certain owners and lessors of 'disclosure affected buildings' and 'disclosure affected areas of buildings'. Owners and lessors of a disclosure affected building are required to disclose energy efficiency information to prospective purchasers and lessees (including sublessees), by:

• having a valid and current 'building energy efficiency certificate' (BEEC) for the building or area of the building registered on the Building Energy Efficiency Register at the time of offering a building (or area) for sale, lease or sublease; and
• if advertising the building for sale or lease, a rating expressed in a manner determined by the Secretary.

The Building Energy Efficiency Disclosure Determination 2026 (Determination) is made under sections 13A, 15 and 21 of the Act.

Subsection 13A(2) of the Act requires that a BEEC must include the following:

• the energy efficiency rating for the building (or the building in which the area is located);
• the lighting energy efficiency assessment for the building or the area;
• the start day for the certificate (which may be different from the start day sought by the applicant);
• the period for which the certificate is current;
• any other information determined by the Secretary under subsection 13A(4) (paragraph 13A(2)(e) of the Act).

Subsection 13A(4) of the Act provides that the Secretary may make a determination by legislative instrument for the purposes of paragraph 13A(2)(e) of the Act.

Subsections 15(1) to (4) place certain obligations on constitutional corporations that own or lease disclosure affected buildings or areas of buildings in relation to advertising those buildings or areas for sale, lease or sublease. Paragraphs 15(1)(b), 15(2)(b), 15(3)(b) and 15(4)(b) provide that where there is an obligation to include an energy efficiency rating in an advertisement, the rating must be expressed in the advertisement in a manner determined by the Secretary by legislative instrument.

Subsection 21(1) of the Act provides that the Secretary may determine by legislative instrument:

• the assessment methods and standards to be applied in working out the energy efficiency rating for a building; and
• the assessment methods and standards to be applied in performing a lighting energy efficiency assessment for the building; and
• the assessment methods and standards to be applied in performing a lighting energy efficiency assessment for the area; and
• the circumstances in which a building or an area of a building is exempt for the purposes of section 17A of the Act.

This Determination is made under sections 13A, 15 and 21 of the Act. It specifies:

• the manner in which energy efficiency ratings must be expressed in advertisements;
• the assessment methods and standards to be applied in working out the energy efficiency rating for a building; and
• the assessment methods and standards to be applied in working out lighting energy efficiency for a building; and
• information to be set out in a building energy efficiency certificate.

Under subsection 33(3) of the Acts Interpretation Act 1901 (Acts Interpretation Act), where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument. This instrument repeals and replaces the Building Energy Efficiency Disclosure Determination 2016 (the 2016 Determination).

Purpose and operation

The purpose of the Determination is to update the content requirements for the BEECs by repealing and replacing the 2016 Determination. The updates include:

• the inclusion of the National Australian Built Environment Rating System (NABERS) Renewable Energy Indicator (REI) as a mandatory piece of information to be disclosed for current and future disclosure affected buildings and spaces; and
• the refinements to existing disclosure requirements.

These changes are intended to enhance the clarity, integrity and accessibility of energy performance related information available to prospective purchasers and tenants within the BEECs, and to support the ongoing modernisation of the CBD Program.

The 2016 Determination is due to sunset on 1 October 2027. Sunsetting is an automatic repeal of instruments after a fixed period, under section 50 of the Legislation Act 2003 (the Legislation Act). Making the Determination before the 2016 Determination ceased is critical to the ongoing administration of the Act and to support regulatory certainty for industry.

Background

The CBD Program requires public disclosure of consistent and accurate energy efficiency information about office spaces, to better inform the decisions of a variety of commercial building stakeholders including building owners, managers, investors, and prospective purchasers and tenants. The current CBD Program has driven uptake of NABERS Energy Ratings and yielded significant improvements in energy performance across the stock of office buildings with Net Lettable Area (NLA) larger than 1,000m2.

The CBD Program operates as the primary mechanism through which the Act’s disclosure framework is implemented. Accordingly, reforms to the Act are effected through amendments to the operation and disclosure requirements of the CBD Program.

In 2025, the Department of Climate Change, Energy, the Environment and Water (DCCEEW) released the Commercial Building Disclosure Program Policy Roadmap to expand mandatory disclosure of commercial building energy performance ratings (the Roadmap), which is available at https://www.cbd.gov.au/sites/default/files/2025-10/ENR325.0625%20CBD%20Roadmap%20v10.pdf. The Roadmap is primarily focussed on guiding future government actions to expand mandatory disclosure of commercial building energy performance information under the Act. It aims to maintain the integrity and success of the current CBD Program while modernising and ensuring it is fit-for-purpose for more commercial building types.

The Roadmap outlines a staged reform pathway to strengthen and modernise the CBD Programme over time, such as including the NABERS Renewable Energy Indicator (REI) as a mandatory piece of information to be disclosed for current and future disclosure affected buildings and spaces.

The additional disclosure requirements in the Determination align with the reform direction articulated in the CBD roadmap, which emphasises improved transparency and digital integration of building energy data.

Documents incorporated by reference

Subsection 21(2) of the Act provides that without limiting subsection 21(1), the Secretary may determine an assessment method or standard by applying, adopting or incorporating, with or without modification, any matter contained in any other instrument or writing as in force at a particular time or as in force from time to time.

Section 7 of the Determination sets out the assessment methods and standards to be applied in performing a lighting energy efficiency assessment for the building or for the area for paragraphs 21(1)(b) and (c) of the Act. The CBD Tenancy Lighting Assessment for Offices Rules (the Tenancy Lighting Assessment rules) are incorporated without modification as in force from time to time to determine the assessment methods and standards to be applied in performing a lighting energy efficiency assessment for the building and the area (paragraphs 21(1)(b) and (c) and subsection 21(2) of the Act).

The Tenancy Lighting Assessment rules can be freely accessed at the CBD website – https://www.cbd.gov.au/sites/default/files/2021-10/CBD%20Tenancy%20Lighting%20Assessment%20for%20Offices%20Rules%20%28version%204.1%29.pdf.

Section 6 of the Determination sets out the assessment methods and standards to be applied in working out the energy efficiency rating for a building. Section 8 of the Determination sets out the information which must be included in a BEEC for section 13A of the Act. The NABERS The Rules – Energy and Water for Offices Version 5.2 — April 2025 (the NABERS rules) are incorporated to determine the assessment methods and standards to be applied in working out the energy efficiency rating for a building, and to determine the information to be included in a BEEC for a building or an area of a building.

Since section 13A of the Act does not permit documents to be incorporated from time to time, for the purpose of the Determination, the NABERS rules are incorporated as in force on the day the Determination commences (paragraph 14(1)(b) of the Legislation Act).

The NABERS rules can be freely accessed at the NABERS website – https://www.nabers.gov.au/sites/default/files/2025-04/Energy%20and%20Water%20for%20Offices%20v5.2.pdf

Consultation

Public consultation was undertaken in relation to the broader reform of the Act and the CBD Program between June and September 2024. Details of the consultation were published on DCCEEW’s consultation portal: https://consult.dcceew.gov.au/commercial-building-disclosure-cbd-expansion-consultation. The majority of submissions received supported disclosure of the REI, which is the main driver of the Determination. The Determination forms part of the reform package and gives effect to matters considered during that consultation process. As such, no additional consultation on the Determination was undertaken.

Details

Details of the Determination are set out in Attachment A.

Other

The Determination a legislative instrument for the purposes of the Legislation Act.

The Determination is subject to the disallowance process under section 42 of the Legislation Act and the sunsetting regime set out in Part 4 of Chapter 3 of the Legislation Act.

The Determination commences on 15 May 2026.

A Statement of Compatibility with Human Rights is in Attachment B. The Determination is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Authority: sections 13A, 15 and 21 of the Building Energy Efficiency Disclosure Act 2010.

Attachment A

Details of the Building Energy Efficiency Disclosure Determination 2026

Section 1 – Name

Section 1 provides that the name of the instrument is the Building Energy Efficiency Disclosure Determination 2026 (the Determination).

Section 2 – Commencement

Section 2 provides for the Determination to commence on 15 May 2026.

Section 3 – Authority

Section 3 provides that the Determination is made under sections 13A, 15 and 21 of the Building Energy Efficiency Disclosure Act 2010.

Section 4 – Definitions

Section 4 sets out the definitions of a number of words and expressions used in the Determination.

In particular, section 4 provides that in the Determination:

Act means the Building Energy Efficiency Disclosure Act 2010.

CBD accredited assessor means the assessor accredited under the Act for the Commercial Building Disclosure Program.

Department means the Department of the Commonwealth whose responsible Minister administers the Act.

GreenPower program means the program known as the National GreenPower Accreditation Program, which is a joint initiative of agencies of the governments of New South Wales, Victoria, Queensland, Western Australia, South Australia and the Australian Capital Territory.

NABERS means the National Australian Built Environment Rating System, which is a national government program administered by the New South Wales Government (the National Administrator).

NABERS accredited assessor means an assessor accredited by NABERS through the New South Wales Government.

NABERS Energy Rating means a certified NABERS Energy rating that measures the operational energy efficiency of Australian buildings. Buildings are awarded 1 to 6 stars based on performance, in 0.5 star increments, with 6 stars indicating market-leading performance. 

NABERS rules means the NABERS The Rules – Energy and Water for Offices Version 5.2 — April 2025. It is noted that the NABERS rules are incorporated with modification as in force from time to time to determine the assessment methods and standards to be applied in working out the energy efficiency rating for a building (paragraph 21(1)(a) and subsection21(2) of the Act).

NLPD means the Nominal Lighting Power Density, which has the same meaning as defined in the Tenancy Lighting Assessment rules.

Regulations means the Building Energy Efficiency Disclosure Regulations 2010.

Tenancy Lighting Assessment rules means the CBD Tenancy Lighting Assessment for Offices Rules. It is noted that the Tenancy Lighting Assessment rules are incorporated without modification as in force from time to time to determine the assessment methods and standards to be applied in performing a lighting energy efficiency assessment for the building and the area (paragraphs 21(1)(b) and (c) and subsection 21(2) of the Act).

utility meter means a meter:

1.    installed to measure electricity, gas or any other source of energy used in a building; and
2.    operated by the supplier of the electricity, gas or other source of energy as the basis for billing its customer.

What’s more, section 4 provides that a number of expressions used in the Determination have the same meaning as defined in another legislation or document.

In particular:

The following expressions are defined in the Building Energy Efficiency Disclosure Act 2010:

1.    building energy efficiency certificate;
2.    start day.

major refurbishment is defined in the Building Energy Efficiency Disclosure Regulations 2010.

The following expressions are defined in the National Greenhouse and Energy Reporting Act 2007:

1.    scope 1 emission of greenhouse gas;
2.    scope 2 emission of greenhouse gas.

The following expressions are defined in the NABERS rules:

1.    base building rating;
2.    Net Lettable Area;
3.    rated areas;
4.    rated hours;
5.    rating period;
6.     tenancy rating;
7.     whole building rating.

Section 5 – Advertisements

Section 5 sets out the manner in which an energy efficiency rating must be expressed in an advertisement in order to comply with the disclosure obligations in section 15 of the Act.

Subsection 5(1) provides that the energy efficiency rating that is contained in the relevant BEEC (which will be either a whole number or a half number, for example 3 or 3.5) must be expressed in the advertisement followed by the text ‘-star NABERS Energy rating’.

For example, if the energy efficiency rating is a whole number ‘3’, it must be expressed in the advertisement as ‘3-star NABERS Energy rating’. If the energy efficiency rating is a half number ‘3.5’, it must be expressed in the advertisement as ‘3.5-star NABERS Energy rating’. 

Subsection 5(2) requires that the rating must be prominently displayed on each separate advertisement piece, so that it is clearly visible, using font that is the same size or larger than the majority of the other text contained in the advertisement.

Section 6 – Methods and standards of assessment—energy ratings

Paragraph 6(1)(a) specifies that, for the purpose of sections 21(1)(a) and subsection 21(2) of the Act, the assessment methods and standards for assessing a building are the NABERS The Rules – Energy and Water for Offices (the NABERS rules), as incorporated from time to time and modified by subsections 6(2), (3) and (4). As an alternative, paragraph 6(1)(b) permits an assessor to rely on a pre-existing current NABERS Energy rating in the circumstances set out in subsections 6(5), (6), (7) and (8).

When applying the NABERS rules under paragraph 6(1)(a), a CBD accredited assessor must comply with subclauses 6(2), (3) and (4).

Subsection 6(2) provides that where a CBD accredited assessor reasonably forms the opinion that works currently being undertaken on a building will affect the energy efficiency rating of the building, they are not to provide a rating for the building. This rule allows for the major refurbishment exemption in accordance with section 5B of the Building Energy Efficiency Disclosure Regulations 2010 (the Regulations).

The NABERS tool rates buildings out of six stars in half star increments. Therefore, for subsection 6(2) to apply, the assessor must form the opinion that the works are likely to alter the NABERS Energy rating by at least a single half star increment. For example, works that would change a building rated at 3 stars under NABERS to 3.5 stars would be sufficient.

With respect to subsection 6(2), the use of the term ‘undertaking’ is intended to limit the operation of this clause to works that are actually physically taking place in a building. Consequently, the term ‘undertaking’ has been included with the intention that pre-construction planning and related activities are excluded from the meaning of works. The use of the term ‘reasonably forms the opinion’ has been included with the intention for it to be an objective test. 

In addition, subsection 6(2) is intended to operate in conjunction with subsections 5(4) and 6(4) of the Building Energy Efficiency Disclosure (Disclosure Affected Buildings) Determination 2016. These provisions provide an exception from the disclosure obligations of the Act in certain circumstances where a major refurbishment has been completed.

Subsections 6(3) and (4) are intended to operate in conjunction. Under subsection 6(3), metering is deemed inadequate when tenancy energy use is not able to be distinguished from base building energy rating. This would result in a non-representative figure of the base building energy use. Such a situation would require an assessor to only then conduct a whole building rating. Under subsection 6(4), if calculating a base building rating will result in a non-representative figure as under subsection 6(3), a CBD accredited assessor must work out the whole building rating for the building.

The NABERS rules enable three ratings to be produced:

• A base building rating, which relates to the greenhouse gas emissions associated with the energy consumed in supplying building central services to office lettable and common spaces including for common area lighting and power, lifts and escalators, and air conditioning and ventilation; and
• A tenancy rating, which relates to the greenhouse gas emissions associated with the energy consumed by a tenant in a premises, excluding the energy associated with supplying building central services; and
• A whole building rating, which relates to greenhouse gas emissions associated with the energy used by office tenancies and base building services.  This should include all energy supplied to the building for the operation of the building and the occupants. 

Subsection 6(5) provides that a CBD accredited assessor may rely on a NABERS Energy rating produced previously by a different NABERS assessor. The ability of a CBD accredited assessor to rely on a previous NABERS Energy rating is limited to certified NABERS Energy ratings. The ability of a CBD accredited assessor to rely on a previously certified rating under subsection 6(5) is limited by subsections 6(6) to (8).

Subsection 6(6) provides that a CBD accredited assessor can only rely on a current NABERS Energy rating where:

• the current NABERS Energy rating is a base building rating; or
• the current NABERS Energy rating is a whole building rating; and
  • there is no current NABERS Energy rating for the building that is a base building rating; and
  • the CBD accredited assessor would not be able to work out the base building rating for the building by applying the NABERS rules under paragraph 6(1)(a).

Subsection 6(7) applies the rule in subsection 6(2) to ratings obtained under subsection 6(5). The effect of this subsection is that CBD accredited assessors cannot rely on a previously issued certified NABERS Energy rating if, since the rating was obtained, works that are likely to affect the energy rating of the building have commenced. This provision only applies where works are currently ongoing. Subsection 6(8), discussed below, will apply once the works cease.

Subsection 6(8) provides that a CBD accredited assessor cannot use a previously issued certified NABERS Energy rating under subsection 6(5) if the assessor reasonably comes to the opinion that since the rating was obtained the building has undergone works which are likely to have changed the NABERS Energy rating by at least 0.5 stars.

Where subsection 6(7) or (8) applies, a new rating or exemption must be obtained if the building is disclosure affected.

Section 7 – Methods and standards of assessment—lighting

Paragraph 7(1)(a) specifies that, for the purpose of paragraphs 21(1)(b) and (c) and subsection 21(2) of the Act, the assessment methods and standards for assessing the lighting energy efficiency of a building or an area of a building are the CBD Tenancy Lighting Assessment for Offices Rules (the Tenancy Lighting Assessment rules), as incorporated from time to time without modification.

As an alternative, paragraph 7(1)(b) permits an assessor to rely on a pre-existing current lighting assessment in the circumstances set out in subsection 7(2).

Subsection 7(2) provides that it is determined that a method and standard of assessment to be applied in working out the lighting energy efficiency for a building or an area of a building is for a CBD accredited assessor to adopt and rely on a current lighting assessment that has been submitted to and certified by the Department in accordance with the Tenancy Lighting Assessment rules.

Section 8 – Information included in certificates

Section 8 sets out the information which must be included in a BEEC for the purposes of section 13A of the Act.

In relation to the building details, paragraphs 8(a) to (j) provide that the following information must be included:

1.    if the building has a name—the building name;
2.    the name of the owner of the building;
3.    the street address of the building;
4.    if the certificate is for the building—the Net Lettable Area of the building;
5.    if the certificate is for an area of the building—the Net Lettable Area of the area of the building;
6.     a unique identifying number for the building energy efficiency certificate;
7.    the start day for the certificate;
8.    the date the certificate ceases to be current under paragraph 13A(2)(d) of the Act;
9.     the name of the CBD accredited assessor who issued the certificate;
10.     the registration number of the CBD accredited assessor in paragraph (i).

In relation to the NABERS Energy rating, paragraphs 8(k) to (x) provide that the following information must be included:

1.    a NABERS Energy rating graph or chart;
2.      a written expression of the NABERS Energy rating, which must be expressed by:

 (i) using a whole number, or one-half of a whole number in accordance with the rating in paragraph (k); and

 (ii) adding the words ‘-star NABERS Energy rating’ after the number worked out under subparagraph (l)(i);

1. a NABERS Renewable Energy Indicator graph or chart;
2.    the address of the building to which the graphs or charts in paragraphs (k) and (m) relate;
3.    a graph or chart displaying how the NABERS Energy rating compares to other NABERS Energy rated buildings issued with building energy efficiency certificates in a previous calendar year;
4.    an explanatory text about the comparative graph information in paragraph (o);
5.    a unique identifying number for the NABERS Energy rating;
6.     the validity period for the NABERS Energy rating, including the start date and end date;
7.     the rating scope as to whether the energy efficiency rating for the building is a base building rating or a whole building rating;
8.      the rated area as determined by NABERS;
9.    the rated hours;
10.    the name of the NABERS accredited assessor who issued the rating in paragraph (k);
11. the registration number of the NABERS accredited assessor in paragraph (v);
12.    an explanatory table setting out the performance implications of each star level in the NABERS Energy ratings.

In relation to the building consumption and emission details, paragraphs 8(y) to (ab) provide that the following information must be included:

1.    the greenhouse gas scope 1 and scope 2 emissions generated by the building:

 (i) emitted from rated areas for the rating period covered by the energy efficiency rating, measured in kg of carbon dioxide per year; and

 (ii) not including the effect of any renewable electricity, such as electricity purchased for the building or area under the GreenPower program;

1.    the greenhouse gas scope 1 and scope 2 emissions generated by the building during a year:

 (i) because of the energy consumed, per square metre of the building; and

 (ii) not including the effect of any renewable electricity, such as electricity purchased for the building or area under the GreenPower program;

1.     the energy consumption of the building, measured in megajoules, per year;
2.     the NABERS data outlining the renewable energy and non-renewable energy used by the building, both in total quantity and percentage of total site energy.

In relation to the tenancy lighting energy efficiency assessment, paragraphs 8(ac) to (ao) provide that the following information must be included:

1.     the Tenancy Lighting Energy Efficiency Assessment, as required under paragraph 13A(2)(b) of the Act;
2.     the address of the building to which the assessment in paragraph (ac) relates;
3.     the assessment scope used for the assessment in paragraph (ac);
4.      whether the lighting system assessed is existing or proposed;
5.     the validity period for the Tenancy Lighting Energy Efficiency Assessment, including the start date and end date;
6.     the assessed Net Lettable Area for the office space;
7.      the assessed Net Lettable Area for individual functional spaces;
8.      the NLPD calculated per functional space;
9.     the applicable NLPD performance categorisation:  

 (i) ‘very poor’; or

 (ii) ‘poor’; or

 (iii) ‘good’; or

 (iv) ‘very good’; or

 (v) ‘excellent’; or

 (vi) ‘very efficient’;

1.      the applicable rating for the control capacity of the lighting system per floor space:  

 (i) ‘poor’; or

 (ii) ‘moderate’; or

 (iii) ‘good’;

1. the name of the CBD accredited assessor who undertook the assessment in paragraph (ac);
2.     the registration number of the CBD accredited assessor in paragraph (am);
3.     a table displaying how the Tenancy Lighting Energy Efficiency Assessment for the rated area compares to other Tenancy Lighting Efficiency Assessments in building energy efficiency certificates issued in a previous calendar year.

Section 9 – Schedules

Section 9 provides that each instrument that is specified in a Schedule to the instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the instrument has effect according to its terms.

Schedule 1 – Repeals

Building Energy Efficiency Disclosure Determination 2016

Item 1 – The whole of the instrument

Item 1 of Schedule 1 provides that the Building Energy Efficiency Disclosure Determination 2016 is repealed.    

ATTACHMENT B

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Building Energy Efficiency Disclosure Determination 2026

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The Building Energy Efficiency Disclosure Determination 2026 (the Legislative Instrument) determines the manner in which energy efficiency ratings must be expressed in advertisements; the assessment methods and standards to be applied in working out the energy efficiency rating for a building; the assessment method and standards to perform a lighting energy efficiency assessment for a building or area of a building; and information to be set out in a building energy efficiency certificate.

The purpose of the Legislative Instrument is to update the content requirements for the building energy efficiency certificates (BEECs) by repealing and replacing the Building Energy Efficiency Disclosure Determination 2016. The updates include:

• the inclusion of the NABERS Renewable Energy Indicator (REI) as a mandatory piece of information to be disclosed for current and future disclosure affected buildings and spaces; and
• the refinements to existing disclosure requirements.

These changes are intended to enhance the clarity, integrity and accessibility of energy performance related information available to prospective purchasers and tenants within the BEECs, and to support the ongoing modernisation of the Commercial Building Disclosure (CBD) Program. The CBD Program is established under the Building Energy Efficiency Disclosure Act 2010. It requires public disclosure of certain energy efficiency information relating to commercial office buildings in the context of sales and lease transactions.

In 2025, the Department of Climate Change, Energy, the Environment and Water released the Commercial Building Disclosure Program Policy Roadmap to expand mandatory disclosure of commercial building energy performance ratings (the Roadmap), which outlines a staged reform pathway to strengthen and modernise the CBD Program over time, such as including the NABERS Renewable Energy Indicator (REI) as a mandatory piece of information to be disclosed for current and future disclosure affected buildings and spaces.

The additional disclosure requirements in this Legislative Instrument align with the reform direction articulated in the CBD roadmap, which emphasises improved transparency of building energy data.

Human rights implications

This Legislative Instrument does not engage any of the applicable rights or freedoms.

Conclusion

This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

Mike Kaiser

Secretary of the Department of Climate Change, Energy, the Environment and Water