Unsolicited offers can be exempt from the CBD Program.

If you haven’t offered or advertised your disclosure affected building or area for sale, lease or sublease in the last 6 months, and a third party approaches you with an offer, this is an unsolicited offer.

Unsolicited offers to purchase, lease or sublease a disclosure affected building, if accepted, can be exempt from the CBD Program.

If you are not considering the offer, then there is nothing else you need to do.

If you want to begin the negotiation process and then enter a contract, you will need to either:

Apply for an unsolicited offer exemption

You can apply for this exemption yourself; you don’t need a CBD Accredited Assessor to apply for you.

There is no fee for this application.

To apply for this exemption you will need to:

The form has 4 parts:

Part A: Applicant details: Building Owner – the offer recipient

This part of the form requires:

  • your name, or corporation’s name if the building is owned by one

  • ABN/ACN/ARBN as applicable

  • your/the corporation’s contact details.

Part B: Building details

This part of the form requires details about the building. This includes:

  • the full street address (not PO Box)

  • the Net Lettable Area of the building, area of the building if for a tenancy, or part of the building.

Part C: Other offers to deal

This part of the form determines whether you have met the conditions for this exemption, specifically whether you have, in the previous 6 months:

  • offered to sell, let, or sublet the building or area

  • invited an offer to purchase, lease or sublease the building or area

  • advertised the building for sale, lease, or sublease

  • gained an exemption for the same reason as you are applying for now.

We may reject your application if you respond ‘yes’ to any of these circumstances but will contact you for more information before doing so.

You must sign the declaration that the information in your application is true and correct. You must also acknowledge that we may need to copy, record, use or disclose the information to ensure compliance with the Act.

Part D: Waiver by the offer maker

To gain this exemption, in this part of the form you must have the person making the offer sign:

  • a waiver of to their rights to a current BEEC for the building or area

  • an acknowledgment that their information is true and correct and that we may need to copy, record, use or disclose the information to ensure compliance with the Act.

Conditions that apply to an unsolicited offer exemption

To apply for an exemption to the CBD Program for an unsolicited offer, you must meet certain conditions:

  • the negotiations must be between 2 parties only

  • the party making the offer must sign a waiver agreeing that you will not be providing them with a current BEEC

  • you can’t have been granted an exemption for the same reason in the previous 3 months

  • your disclosure affected building or area can’t have been advertised or offered for sale, lease or sublease within the previous 6 months

  • you can’t have had other negotiations with any other person in relation to your disclosure affected building or area within the previous 6 months.

You may wish to seek independent legal advice if you are unsure whether you have received an unsolicited offer or meet the conditions above.

Timeframes

We aim to process these applications within 5 working days of receipt.

If your application is incomplete this will cause delays. We will contact you as soon as practicable 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.

  • You can apply for an extension if negotiations take longer.

  • Extensions are for a maximum of 12 months from the expiry date of the first exemption.

  • The exemption only applies to the negotiations between you and the person who made the unsolicited offer.

  • The exemption will no longer apply if the parties enter a contract, the negotiations discontinue, you start negotiations with another party or if you advertise the disclosure affected building or area for sale, lease or sublease.

  • Contact us if you need an extension of the exemption.

If your application is refused, you can request a review of our decision under section 67 of the Building Energy Efficiency Disclosure Act 2010 (BEED Act).

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