Buildings that are non-assessable

In this scenario, inadequate existing metering to the building cannot sufficiently ensure energy coverage at all supply and delivery points to complete a NABERS base building energy rating.

Practical examples may include base building air-conditioning systems being supplied from tenant metered distribution boards, or base building lighting being supplied from tenant metered distribution boards.

In many scenarios this can be resolved by an Assessor obtaining additional energy consumption from other metered supplies e.g. tenant meters. Assessors can also shift from a base building NABERS rating to a whole building NABERS rating and include all energy consumption in the building, even where it is non-office energy consumption such as café or retail usage. This enables a building (or area) to meet its energy efficiency disclosure obligations and ensure CBD Program compliance.

In rare cases, the missing energy coverage cannot be resolved using the above methods. In these scenarios, the exemption application should include supporting documentation which shows the reasons why the missing energy consumption data cannot be obtained, including steps taken to retrieve this data. Examples include unmetered energy consumption required for a NABERS rating, or base building systems electrically supplied from adjacent properties.

Both NABERS and CBD should be consulted before the exemption application is submitted to the CBD Program, and copies of email correspondence should be submitted as supporting documentation to the exemption application.

Supporting documentation

Supporting documentation may include:

• Single line diagrams showing meter locations and identifying missing energy coverage.

• Email correspondence demonstrating efforts made by the applicant to obtain missing energy consumption data.

• Photos of metering and electrical distribution systems.

• Email confirmation from NABERS that the specific scenario means the building is not rateable.

Example email to NABERS

Dear NABERS,

For the building at [address], we have been unable to ensure adequate energy coverage due to [reasons]. Copies of relevant metering diagrams, single line diagrams and photos demonstrating the issue are attached. Can you please advise whether a NABERS rating is possible.

Yours

[assessor]

Note: This email and your response may be provided to the Australian Government’s Commercial Building Disclosure (CBD) Program for the purposes of an exemption application.

In this scenario, the applicant should provide supporting documentation to show that there is missing data in metered bills such that the entire utility consumption data for the 12-month rating period cannot be sourced. An explanation of the reason should be provided with adequate verification in writing by the utility (or metering provider engaged by the utility to read the data).

Missing data may be related to:

• a faulty meter or replacement meter.
• faulty remote connection to meter.
• missed readings.

It may be possible to shift the rating period either forwards or backwards to avoid missing data at the beginning or end of the period. It is recognised that the validity period of the subsequent NABERS certificate and therefore BEEC could be significantly truncated. Missing data in the middle of a rating period that cannot be recovered may exceed the 5% acceptable error limit for NABERS ratings.

It may also be possible to recover the missing data (for example, by contacting the utility metering provider directly). The applicant must attempt to collect the missing data and document the outcomes if the missing data cannot be retrieved.

The applicant must include any steps taken to comply with a disclosure provision. This may include exploring alternative options in the NABERS Rules to estimate the missing data (for example, through manual meter readings or requesting data directly from the utility).

Where there is doubt about the validity of the readings, both NABERS and CBD should be consulted before an exemption application is submitted to the CBD Program and copies of email correspondence should be submitted as supporting documentation.

Supporting documentation

Supporting documentation may include:

• copies of energy bills showing estimated usage.
• photos of faulty meter as applicable.
• copies of emails to and from energy utility or metering representative explaining the situation and confirming that the missing data cannot be retrieved.
• email confirmation from NABERS that the specific scenario means the building is not rateable.

Example email to the energy utility

Dear [energy utility representative]

I am an accredited Commercial Building Disclosure (CBD) Program Assessor and am seeking your assistance in confirming the status of some recent billing data sets for the building at [address] (meter [NMI]).

Can you please advise:

• Is any data for the period [date] to [date] available?
• If the above data is unavailable can you please confirm the reason for the missing data?
• Can you also please advise what has been rectified or will be rectified to attain data in the future, to ensure that future energy efficiency ratings are possible?

In seeking the above please be aware that the owner has a legal obligation under the Building Energy Efficiency Disclosure (BEED) Act 2010 to attain a NABERS energy efficiency rating. Access to accurate energy billing data is key to attaining that rating.

Yours 

[assessor]

Note: This email and your response may be provided to the Australian Government’s Commercial Building Disclosure (CBD) Program for the purposes of an exemption application.

Example email to NABERS

Dear NABERS,

For the building at [address], we have been unable to locate the missing consumption data for the period [date] to [date] due to [reasons]. I have confirmed with the energy utility that it is not possible to retrieve this data due to [reasons].

For the purposes of a CBD Program exemption application, can you please advise whether a NABERS rating is possible?

Yours 

[assessor]

Note: This email and your response may be provided to the Australian Government’s Commercial Building Disclosure (CBD) Program for the purposes of an exemption application.

It is common for some portion of the required 12 months of energy billing data to be estimated by the energy utility, particularly for gas billing data. Where this missing energy consumption leads to an error of more than 5% for the NABERS rating, the building can be considered unrateable.

Applicants should consult with NABERS before submitting their exemption application to confirm that the building is unrateable.

Note that NABERS may request additional information if it is unclear that alternative options in the NABERS Rules have been explored, which may cause application delays.

The NABERS Rules provide numerous options to resolve these kinds of billing data gaps including manual meter readings, interpolation between adjacent billing periods and using real meter reads from adjacent bills.

NABERS should be consulted before the exemption application is submitted to the CBD Program, and copies of email correspondence should be submitted as supporting documentation of the exemption application.

Supporting documentation

Supporting documentation may include:

• Copies of all relevant bills with estimated readings.
• Photos of associated meters to assist with manual meter readings.
• Evidence of efforts to resolve estimated data gaps including email correspondence and letters, for example with facilities managers or energy utility companies.
• Email confirmation from NABERS that the specific scenario means the building is not rateable.

Example email to NABERS

Dear NABERS,

For the building at [address], gas billing data for the period [date] to [date] has been estimated by the utility due to [reasons]. This has resulted in an error over 5% when completing the rating.

I have confirmed that all options available in the NABERS Rules to resolve this estimated data gap are not viable, including the following options I have explored:

• [option from NABERS Rules]
• [option from NABERS Rules]
• [option from NABERS Rules]

The owner has been in touch with the utility to address this issue, and real meter readings will be available moving forward such that the building can be rated in the future.

For the purposes of a CBD Program exemption application, can you please advise whether a NABERS rating is possible?

Yours 

[assessor]

Note: This email and your response may be provided to the Australian Government’s Commercial Building Disclosure (CBD) Program for the purposes of an exemption application.

Where an office building is newly constructed or has undergone a major refurbishment, an Assessor will not be able to complete a NABERS  energy rating until a 12-month rating period can be completed. As set out in the NABERS Rules, a 12-month rating period is at least 12 continuous months of acceptable data upon which the rating is based. A NABERS energy rating period starts when a new building or refurbished building has met one of the following conditions (whichever occurs first):  

• 75% of the Net Lettable Area is occupied by tenants; or
• it has been two years  since the Certificate of Occupancy or equivalent was issued, whichever occurs first (see NABERS Rules).

This creates a scenario where these buildings will be able to obtain a NABERS energy rating once a 12-month rating period of data is collected, however it is not possible to obtain a rating during this period (see Major Refurbishments and Newly constructed buildings pages).

In these scenarios, the applicant may apply for an exemption to energy efficiency disclosure obligations. The application should provide supporting documentation which shows new construction or major refurbishment completion (Certificate of Occupancy or equivalent issued) and   occupancy levels in the building.

The applicant should consult with NABERS to confirm that the building is unrateable based on the current scenario and confirm when the building will be able to collect 12 months of data and complete a NABERS rating.

Supporting documentation

Supporting documentation may include:

• Most recent Certificate of Occupancy (or state based equivalent).
• Evidence of building occupancy for example leasing agreements, tenancy schedules or building stacking plans.
• Email confirmation from NABERS that the building is not rateable.

Example email to NABERS

Dear NABERS,

The building at [address] has undergone a major refurbishment, completed on [date] (see attached Certificate of Occupancy).

The building has only recently reached 75% occupancy on [date] (see attached tenancy schedule) and can now begin collecting data for the 12 month rating period [date] to [date].

For the purposes of a CBD Program exemption application, can you please advise whether a NABERS rating is possible?

Yours 

[assessor]

Note: This email and your response may be provided to the Australian Government’s Commercial Building Disclosure (CBD) Program for the purposes of an exemption application.

In this scenario, the applicant should demonstrate in their exemption application why it is not possible to meet their disclosure obligations and what efforts have been made to resolve the issue.

This may include efforts made to contact a previous tenant for missing energy consumption data or other missing information needed to complete a rating. It is recommended that phone conversations are followed up in writing and included in the exemption application.

The applicant should also consult with NABERS and confirm that no alternative options are available in the current NABERS Rules to resolve the missing data gap (for example, using acceptable estimates or lower priority options for missing data).

Supporting documentation

Supporting documentation may include:

• Email confirmation from NABERS that the specific scenario means the building is not rateable.
• Copy of email or letter sent to tenant requesting missing data.

Example email to a tenant

Dear [tenant contact]

I am a registered NABERS Assessor and am seeking your assistance in locating some missing billing data sets for your tenancy at the address [address]. Can you please advise if any data for the period [date] to [date] is available? A scanned copy of the relevant bills would suffice.

In seeking the above please be aware that the owner has a legal obligation under the Building Energy Efficiency Disclosure (BEED) Act 2010 to make every effort to attain a NABERS energy efficiency rating. Access to accurate billing data is key to attaining that rating.

Yours 

[assessor]

Note: This email and your response may be provided to NABERS and the Australian Government’s Commercial Building Program if an exemption to disclosure based on missing data is sought.

Example email to NABERS

Dear NABERS,

For the building at [address], we have been unable to contact tenant [tenant name] to confirm [missing data] for the period [date] to [date]. Without this data I have had to use estimates in the rating, and the error estimate in NABERS Perform exceeds 5%.

For the purposes of a CBD Program exemption application, can you please advise whether a NABERS rating is possible?

Yours 

[assessor]

Note: This email and your response may be provided to the Australian Government’s Commercial Building Disclosure (CBD) Program for the purposes of an exemption application.

For buildings with full and extended vacancy (more than 12 months) it is not possible to complete a NABERS rating, as the NABERS rated area will resolve as zero.

In this specific scenario, applicants do not need to engage with NABERS prior to submitting their exemption application but should include supporting documentation to show an extended vacancy.

Supporting documentation

Supporting documentation may include:

• Letter or email from the owner or their own agent confirming that the building has been fully vacant for more than 12 months, including the full email trail with the original request.
• Recent site photos showing the vacant areas inside the building.

Note:

1. Assessors can complete a NABERS rating on buildings with high vacancy rates, even when they are vacant at the time of inspection. A non-assessable exemption application on the basis of extended vacancy only applies where a building has been fully vacant for more than 12 months and a NABERS rating is not possible.
2. Buildings which have a current active BEEC cannot be granted an exemption on the basis of being non-assessable (based on extended vacancies or other reasons), while the BEEC is active.
3. New buildings and those having undergone a major refurbishment have different issues relating to exemptions. See Newly constructed buildings and Major Refurbishments.