The CBD Program applies to office buildings and areas.

A disclosure affected building or area must be used for the following purposes:

  • administrative
  • clerical
  • professional
  • similar information-based activities

Kitchenettes, break-out areas, and any support facilities are included as part of the office footprint.

If a single building contains less than 75% office space by Net Lettable Area, it is considered ‘mixed use’ and is not disclosure affected.

The definition for a disclosure affected building or area is set out in the Building Energy Efficiency Disclosure Act 2010 (the BEED Act). The definition for an office is set out in the Building Energy Efficiency Disclosure Determination 2016.

The BEED Act doesn’t define the meaning of a building for the purposes of the CBD Program. This means that the ordinary meaning of a building applies. In most cases, this means that a building for the purposes of the CBD Program is:

  • free-standing
  • an enclosed structure
  • one that provides lessees with standard office building amenities and services, such as heating and cooling services.

For more information on disclosure affected areas, refer to mixed use buildings.

Multiple buildings

Where the property to be advertised for sale, lease or sub-lease is over multiple buildings, a separate Building Energy Efficiency Certificate (BEEC) or exemption is required for each disclosure affected building.

In some cases, structures which are considered separate buildings for the purposes of the CBD Program may have all been rated under a single NABERS Energy for offices rating. Even with an existing single NABERS Energy for offices rating for the complex, each building to be advertised will require their own individual Tenancy Lighting Assessment (TLA) and BEEC. Each BEEC would display a single building’s TLA, as well as the shared NABERS rating.

Interconnected and sub-divided buildings

Sometimes it is difficult to determine whether a structure or structures are a single building for the purposes of the CBD Program.

For example, a single structure may be used for significantly different purposes, such as providing retail, accommodation, and office space. Multiple structures might be interconnected or treated as one building by the occupants.

For the purposes of the CBD Program, a building can be identified by considering specific factors about its structure and uses.

A common entry point for occupants

Office buildings generally have a common primary entry point, such as a lobby or main entranceway.

Where a common lobby is used for separate structures, this may indicate that the structures are one building. Where occupants of a single structure access their part of the building—their tenancy–through different and separate entry points, this may indicate that the structure contains multiple buildings.

Interconnected access or the potential for interconnected access between areas

Interconnected access may indicate that multiple structures, even over different blocks of land, are intended to be treated as a single building.

Interconnected access can be between floors, such as through an elevator or between structures through passageways. Where interconnected access is currently disabled, but could be enabled by a future tenant, the structures may be a single building.

Multiple structures are not typically considered to be a single building if access between them is only possible by going outdoors.

Multiple structures solely connected by a carpark, with separate lift lobbies for each structure are generally not considered to be a single building for the purposes of the CBD Program.

Structures connected by a single enclosed lift lobby (including within a carpark) are typically considered to be a single building.

Provision of common services such as heating and cooling

Where common building services, such as heating and cooling services are provided to different structures, this can indicate they are intended to be operated as a single building.

The capacity to be offered to a tenant as one building

If tenants can lease, or prospective buyers can buy, the relevant structure or structures under a single lease/sale contract, this may indicate that it is a single building.

Multiple structures with a single NABERS rating

If multiple structures at a site are rated with a single NABERS rating, this alone is not enough evidence they are separate buildings for the purposes of the CBD Program. You will need further evidence such as details of any shared services or interconnections.

Summary

These factors are indicative only and should be considered with all other relevant issues when determining whether a structure is a building for the purposes of the CBD Program.

We recommend you obtain professional legal advice if you are unsure whether a particular building or area meets the definitions in the BEED Act for buildings and areas that are disclosure affected under the CBD Program.

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