The Department of Climate Change, Energy, the Environment and Water (the department) monitor activities and investigate to ensure compliance with the CBD Program. 

To check compliance with the CBD Program we monitor sale, lease and sublease transactions as well as print and online advertisements. 

Read about the advertising rules. 

Working with you 

We are here to help you comply with the CBD Program. We work to make sure you understand your rights as well as your disclosure obligations. 

We work with the regulated community to achieve their obligations under the Building Energy Efficiency Disclosure Act 2010 (BEED Act). 

Depending on your role in relation to a disclosure affected building, you have responsibilities under the CBD Program: 

If you are having difficulty meeting your obligations, contact us. 

We take a constructive and pragmatic approach to any potential non-compliance. Let us know as soon as any issues emerge and we will look at your circumstances on an individual basis. 

Auditing tenancy lighting assessments and exemption applications 

The BEED Act sets out provisions for auditing tenancy lighting assessments and exemptions under the CBD Program. 

The CBD Auditing Program is a quality assurance and continuous improvement measure. It is underpinned by the CBD Education, Compliance and Enforcement Policy. 

The CBD program routinely undertakes 2 levels of audit. 

Level 1 Audit 

We do a Level 1 Audit on 100% of: 

Level 1 Audits are a quality assurance process undertaken by the department. They ensure that CBD Accredited Assessors: 

  • have correctly completed ratings 
  • have not made apparent data entry errors 
  • have correctly applied the TLA Rules while undertaking the rating. 

Level 2 Audit 

CBD Compliance Officers appoint external auditors to do Level 2 Audits on 5% of all TLA ratings and exemption applications. 

Auditing TLAs 

A Level 2 Audit of a TLA is a quality-assurance peer reviewed process involving a complete re-rating of the rated premises. It uses the documentation the CBD Accredited Assessor used when they did the original TLA rating.  

By re-calculating TLA ratings we determine whether the original rating truly represented the performance of the rated premises. It also uncovers whether the Assessor is performing with due diligence and professionalism. 

Auditing exemption applications 

A Level 2 Audit of an exemption application involves checking that: 

  • the applicant details are correct 
  • the correct person signed the application 
  • the building details are correct 
  • the building status meets the criteria for the exemption 
  • the right reason for the exemption was applied for. 

Applications can be revised or withdrawn as a result of a Level 2 Audit. 

We may share information with the National Australian Built Environment Rating System (NABERS) team to validate the application.  

Assessors can also receive sanctions based on the issues identified as part of the audit. 

Level 2 Audit process 

Selecting ratings for audit 

Most Level 2 Audits are randomly selected to guarantee a fair, transparent and accountable approach. 

We can also select ratings for audit based on identified or suspected risk.  

Timeframes for audits 

We tell Assessors when one of their ratings or exemptions is selected, at which point the audit process begins.  

The average timeframe to do an audit is 6 weeks but depends on: 

  • the type of rating and level of complexity 
  • the quality and completeness of the documentation provided for audit 
  • the level of Assessor cooperation during the stages of the audit process.  

Cooperating with an audit 

A Level 2 Audit is a serious quality-assurance and accountability exercise. 

Assessors are responsible for their ratings and exemption applications and must keep all relevant documentation for 7 years. It should be readily available in the event of a Level 2 Audit.  

Assessors must fully cooperate with CBD Compliance Officers. This means responding and providing documents on time throughout the audit process. 

Assessors who don’t cooperate may be temporarily prevented from lodging ratings for the duration of the audit.  

Rating clients, building owners and tenants of the rated premises must cooperate with the CBD Assessor during ratings, but also during audits. They must provide compliant documentation from the beginning of a rating, and help source documentation needed during audit. 

Outcomes of audit 

A Level 2 Audit may result in the revision or withdrawal of the original rating or granted exemption.  

If there are: 

  • ongoing concerns about an Assessor’s conduct 
  • an investigation finds instances of collusion to subvert the assessment methods and standards 

then the audit may escalate to a Level 3 audit. This will include an on-site audit to verify application details and the evidence provided. 

Investigating and penalising breaches 

Our approach is to encourage voluntary compliance. However, we will investigate those who opportunistically or deliberately break the law.  

If we find a disclosure affected building or office space has been offered for sale, lease or sublease without a current, valid BEEC or a current exemption, we will investigate. There are penalties for breaching these requirements. 

If you have information about a breach of the disclosure requirements, contact us. 

Energy efficiency non-disclosure register 

The Energy efficiency non-disclosure register lists any individuals or corporations that have repeatedly breached the requirements of the CBD Program.

Read more