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.

The office footprint must be at least 1000 m2 to be disclosure affected.

Office buildings or areas with a net lettable area of less than 1000 m2 do not have any obligations under the Building Energy Efficiency Disclosure Act 2010 (the BEED Act) and the CBD Program. You can voluntarily comply with the CBD Program by including a NABERS Energy for offices rating in your advertising, and by having a current registered BEEC for your building or area.

If a single building contains less than 75% office space by net lettable area, the building is considered ‘mixed use’ and is not disclosure affected.

The definition for ‘office’ is set out in the Building Energy Efficiency Disclosure Determination 2016 (the BEED Determination) under sections 5 and 6. The triggers for an office to be a disclosure affected building or area are set out in the BEED Act.

The definition for ‘office’ set out in the Determination captures all activities that would typically take place in a commercial office space, as listed above. While it is generally easy to determine whether a space is used as an office, some more complex circumstances can arise which change whether a building or area is disclosure affected. Certain exemptions may also apply.

Read more about disclosure affected buildings.

Measuring net lettable area of office space

Net lettable area is the total office space in a tenancy. It’s measured in square metres (m2) and is the area between internal walls of a building that is being leased.

Office space is any space used or capable of use for administrative, clerical, professional or other information-based activities. This includes spaces that are vacant at the time of measurement. It also includes any support facilities for those activities such as breakout areas and kitchenettes.

Gross lettable area can be used if net lettable area data is unavailable.

The CBD Program uses Property Council of Australia’s Method of Measurement: Commercial guidelines to define these measurements.

Mixed use or multi-purpose spaces

A building may contain commercial office space and non-office areas such as warehouses, manufacturing/support facilities, medical centres, hotels or retail outlets. All current and prospective uses are to be considered when determining if the CBD Program obligations apply.

If a mixed-use building contains less than 75% office space by net lettable area, then it is not disclosure affected.

If a building or area of a building has been designed for a variety of uses and has not been fitted out at all (or it only has a shell and core fit out) then it may be disclosure affected if offered for sale, lease or sublease as office space.

Read about mixed use buildings.

Spaces originally created as offices being used for other purposes

If a building or area of a building was originally created for an office but has been fitted out for other activities, then it will be considered to be used for non-office purposes and it is not disclosure affected.

This may include buildings fitted out and used for:

  • commercial gyms, retail or other non-office uses.

Buildings and areas are not disclosure affected while they are occupied for non-office uses. This may change if the building is no longer occupied, and the vacant space is made good for office use again.

Spaces designed for non-office use 

If a building or an area of a building was created for activities other than office use, and it remains adapted for those activities, then the building or area of a building is not disclosure affected. There are no CBD Program obligations, even if advertising highlights the potential for the building to be converted to an office in the future.

However, if the building or an area of the building is converted to office use then it may become disclosure affected.

Vacant spaces 

If a space is vacant, it may be disclosure affected if it is suitable for office use. This include spaces in buildings created for or previously used as non-office or multiple uses, but which now may be suitable for office use (including where a non-office fit out has been removed or ‘made good’) but which may now be suitable for office use.

In these circumstances buildings may be disclosure affected (unless an exemption applies) but still unable to obtain a NABERS Energy for offices rating, because of previous use for non-office activities.

The building owner or landlord may apply for an exemption from the disclosure obligations under the BEED Act on the basis that the building or area is non-assessable.

Read about applying for an exemption.

A building owner may intend for their building to be used for a non-office purpose in the future. However, if the building in its current state is capable of being u­­­sed as an office space, the building owner must comply with the disclosure obligations under the BEED Act.

Read more