A building occupied by police, government associated security or defence operations may not allow adequate access to a building (or area) due to the sensitive nature of the site. This limits the ability to acquire the necessary data for energy efficiency disclosure obligations.

When an area of a building is occupied by police or security operations, an exemption may only be granted in relation to that specific area of the building and not the entire building. Any restrictions on access to parts of a building for security reasons should also be noted in the associated Building Energy Efficiency Certificate (BEEC) and Tenancy Lighting Assessment (TLA) applications.

When a CBD Accredited Assessor (Assessor) is completing a TLA for building with an area of the building occupied by police or security operations, the Assessor may, under section 2.4 of the TLA Rules, request this space to be deemed non-assessable by the Department of Climate Change, Energy, the Environment and Water (the department). 

Read more about the TLA Rules.

Private security companies or companies with in-house security policy restrictions are not usually granted an exemption on this basis and should not prevent access to part of a building when required for disclosure obligations. However, questions on specific circumstances can be referred to the CBD program.  

Supporting documentation

In addition to the standard requirements, an exemption application on this basis may only be granted if the Secretary (or Delegate) is satisfied that the building (or area) is used for police or security operations.  

Your exemption application should include supporting documentation to assist the Secretary (or their Delegate) in being satisfied that the building is used for police or security operations.

Where the Secretary (or their Delegate) is not satisfied that the building is being used for police or security operations, they may request additional information to support the exemption application, which may delay processing.

Supporting documentation may include:

  • Signed letter from the security tenant representative confirming their use of the building.
  • Email correspondence from the security tenant representative confirming their use of the building.
  • Written correspondence to a security tenant representative and their response confirming the use of the building and that the building cannot be accessed due to the security requirements.
  • In lieu of a tenant representative, where the building is owned and operated by State or Territory Governments and leased to State or Territory police agencies, email correspondence from the leasing manager confirming the police tenancy can also be provided.

Apply for this exemption

To apply for this exemption, an owner should engage a CBD Accredited Assessor to confirm that the disclosure affected building or area is used for police or security operations . They can complete the application on your behalf and include their supporting statement for the exemption.

The application can be made by the Assessor in the CBD Assessor portal.

There is a $500 (GST free) fee for this application.

Timeframes

The department considers applications on a case-by-case basis. We aim to process these applications within 21 calendar days of receipt.

If your application is incomplete this may cause delays. We will contact you as soon as practical if there are any issues with your application.

We will notify you of the decision by email. If granted, the exemption is valid for a maximum period of 12 months from the date of issue.

If refused, you can request a review of our decision under section 67 of the Building Energy Efficiency Disclosure Act 2010 (the BEED Act). Contact us to apply for a review of our decision.

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