{"id":"F2016L01276","name":"Building Energy Efficiency Disclosure Determination 2016","slug":"building-energy-efficiency-disclosure-determination-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":94733,"registerId":"commonwealth-F2016L01276-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Building Energy Efficiency Disclosure Determination 2016","content":"![](image.001.png)\n\nBuilding Energy Efficiency Disclosure Determination 2016\n\nBuilding Energy Efficiency Disclosure Act 2010\n\nI, Rhondda Dickson, Acting Secretary of the Department of Environment and Energy, make this Determination under sections 13, 13A, 15 and 21 of the Building Energy Efficiency Disclosure Act 2010.\n\nDated 3 August 2016\n\nRhondda Dickson\n\nRHONDDA DICKSON\n\nActing Secretary of the Department of Environment and Energy\n\n1 Name of Determination\n\nThis Determination is the Building Energy Efficiency Disclosure Determination 2016.\n\n2 Commencement\n\nThis Determination commences on 1 September 2016.\n\n3 Repeal\n\nThe Building Energy Efficiency Disclosure Determination 2015 is repealed.\n\n4 Definitions\n\nIn this Determination:\n\n> Act means the Building Energy Efficiency Disclosure Act 2010.\n\n> base building rating has the meaning given by the NABERS Energy rating rules.\n\n> Department means the Department of the Commonwealth whose responsible Minister administers the Act.\n\n> GreenPower program means the program known as the National GreenPower Accreditation Program, which is a joint initiative of agencies of the governments of New South Wales, Victoria, Queensland, Western Australia, South Australia and the Australian Capital Territory.\n\n> hours of occupancy, for a building or an area of a building, has the same meaning as in the NABERS Energy rating rules.\n\n> major refurbishment has the meaning given to it in the Regulations.\n\n> NABERS Energy rating rules means the document titled NABERS Energy and Water for offices: Rules for collecting and using data, as in force from time to time, published by the NSW Environment Agency.\n\n> Note: NABERS Energy and Water for offices: Rules for collecting and using data is available on the NABERS’ website ([http://www.nabers.gov.au](http://www.nabers.gov.au)).\n\n> net lettable area, for a building or an area of a building, has the same meaning as in the document Method of Measurement for Lettable Area, dated March 1997, published by the Property Council of Australia Limited, as in force at the commencement of the Regulations.\n\n> Note: The document titled Method of Measurement for Lettable Area is available from the Property Council of Australia Limited’s website at [http://www.propertyoz.com.au](http://www.propertyoz.com.au).\n\n> NSW Environment Agency means the New South Wales government agency or Department of State that manages the National Australian Built Environment Rating System (NABERS).\n\n> Note: NABERS is a system for measuring the environmental performance of buildings.\n\n> rated areas has the meaning given by the NABERS Energy rating rules.\n\n> rating period has the meaning given by the NABERS Energy rating rules.\n\n> Regulations means the Building Energy Efficiency Disclosure Regulations 2010.\n\n> start day has the meaning given in section 13(1) of the Act.\n\n> Tenancy Lighting Assessment rules means the CBD Tenancy Lighting Assessment for Offices Rules, as in force from time to time, and any rulings made in accordance with those Rules, published by the Department.\n\n> Note: The document CBD Tenancy Lighting Assessment for Offices Rules is available from the Commercial Building Disclosure program website at [http://www.cbd.gov.au](http://www.cbd.gov.au).\n\n> tenancy rating has the meaning given by the NABERS Energy rating rules.\n\n> utility meter means a meter:\n\n(a) installed to measure electricity, gas or any other source of energy used in a building; and\n\n(b) operated by the supplier of the electricity, gas or other source of energy as the basis for billing its customer.\n\n> whole building rating has the meaning given by the NABERS Energy rating rules.\n\n5 Advertisements\n\n(1) For section 15 of the Act, an energy efficiency rating for a building must be expressed in the advertisement:\n\n(a) by using a whole number, or one-half of a whole number, worked out for the building under the NABERS Energy rating rules as applied by section 6, with 0 indicating the lowest rating; and\n\n(b) by adding the words ‘-star NABERS Energy rating’ after the number worked out under paragraph (a).\n\nExamples\n\n1 ‘4.5-star NABERS Energy rating’.\n\n2 ‘3-star NABERS Energy rating’.\n\n(2) The rating must be displayed prominently within each separate advertisement so that:\n\n(a) it is clearly visible; and\n\n(b) it is not obscured; and\n\n(c) the number and the text included in the rating is at least as large as the majority of the text contained in the advertisement.\n\n6 Methods and standards of assessment — energy ratings\n\n(1) For paragraph 21 (1) (a) of the Act, the determined assessment methods and standards to be applied in working out the energy efficiency rating for a building are:\n\n(a) the NABERS Energy rating rules as modified by subsections (2), (3), (4) and (5); or\n\n(b) the rules relating to reliance on a current NABERS rating contained in subsections (6), (7), (8), (9) and (10).\n\nModification of NABERS Energy rating rules\n\n(2) In applying the NABERS Energy rating rules under subsection (1) (a), an accredited assessor must work out an energy efficiency rating that does not take into account the purchase of electricity under the GreenPower program.\n\n> Note: Information about the GreenPower program is available at [http://www.greenpower.gov.au](http://www.greenpower.gov.au).\n\n(3) In applying the NABERS Energy rating rules for buildings undertaking a major refurbishment under subsection (1) (a), an accredited assessor must not assign an energy efficiency rating to a building where the accredited assessor reasonably forms the opinion that the building is currently undergoing works which are likely to effect the energy efficiency rating of the building.\n\n(4) In applying the NABERS Energy rating rules under subsection (1) (a), an accredited assessor must work out the base building rating for a building unless the building has inadequate metering. Metering is deemed inadequate when the meters installed for the building are not sufficient to distinguish energy measured for tenancy energy use from base building energy use, resulting in a non-representative figure of the base building energy use.\n\n(5) If calculating a base building rating will result in a non-representative figure as under subsection (4), an accredited assessor must work out the whole building rating for the building.\n\nReliance on a current NABERS rating\n\n(6) For paragraph 21 (1) (a) of the Act, it is determined that a method and standard of assessment to be applied in working out the energy efficiency rating for a building is for an accredited assessor to adopt and rely on a current NABERS rating that has been certified by the National Administrator of the NABERS scheme in accordance with the NABERS Energy rating rules.\n\n(7) For subsection (6), an accredited assessor can only rely on a current NABERS rating that does not take into account the purchase of electricity under the GreenPower program.\n\n(8) For subsection (6), an accredited assessor can only rely on a current NABERS rating where:\n\n(a) the current NABERS rating is a base building rating; or\n\n(b) the current NABERS rating is a whole building rating; and\n\n(i) there is no current NABERS rating for the building that is a base building rating; and\n\n(ii) the accredited assessor would not be able to work out the base building rating for the building by applying the NABERS Energy rating rules under subsection (1) (a).\n\n(9) An accredited assessor cannot rely on a current NABERS rating under subsection (6) where the accredited assessor reasonably forms the opinion that the building is currently undergoing works which are likely to affect the energy efficiency rating of the building.\n\n(10) An accredited assessor cannot rely on a current NABERS rating under subsection (6) where the accredited assessor reasonably forms the opinion that the building has undergone works since the rating was certified which are likely to have affected the energy efficiency rating of the building.\n\n7 Methods and standards of assessment — lighting\n\n(1) For paragraphs 21 (1) (b) and 21 (1) (c) of the Act, the assessment methods and standards to be applied in working out the lighting energy efficiency for a building or an area of a building are determined to be:\n\n(a) the Tenancy Lighting Assessment rules; or\n\n(b) the rule relating to reliance on a current lighting assessment contained in subsection (2).\n\nReliance on a current lighting assessment\n\n(2) For paragraphs 21 (1) (b) and 21 (1) (c) of the Act, it is determined that a method and standard of assessment to be applied in working out the lighting energy efficiency for a building or an area of a building is for an accredited assessor to adopt and rely on a current lighting assessment that has been submitted to and certified by the Department in accordance with the Tenancy Lighting Assessment rules.\n\n8 Information included in certificates\n\nFor subsection 13A (4) of the Act, a building energy efficiency certificate must include the following information:\n\n(a) the start day for the certificate;\n\n(b) the date the certificate ceases to be current under paragraph 13A (2)(d) of the Act;\n\n(c) a unique identifying number for the certificate;\n\n(d) the name of the owner of the building;\n\n(e) if the building has a name — the building name;\n\n(f) the street address of the building;\n\n(g) if the certificate is for the building — the net lettable area of the building;\n\n(h) if the certificate is for an area of the building — the net lettable area of the area of the building;\n\n(i) the hours of occupancy for the building determined under the NABERS Energy rating rules;\n\n(j) whether the energy efficiency rating for the building is a base building rating or a whole building rating;\n\n(k) the energy consumption of the building, measured in megajoules, per year;\n\n(l) the greenhouse gas emissions generated by the building:\n\n(i) emitted from rated areas for the rating period covered by the energy efficiency rating, measured in kg of carbon dioxide per year; and\n\n(ii) not including the effect of any electricity purchased for the building or area under the GreenPower program;\n\n(m) the NABERS Energy rating which does not take into account the purchase of GreenPower;\n\n(n) the greenhouse gas emissions generated by the building during a year, because of the energy consumed, per square metre of the building;\n\n(o) the name of the assessor;\n\n(p) the registration number of the assessor.\n\n> Note\n\n1. All legislative instruments and compilations are registered on the Federal Register of Legislation kept under the Legislation Act 2003. See: [http://comlaw.gov.au](http://comlaw.gov.au)","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"This Determination appears consistent with the original intent of the Building Energy Efficiency Disclosure Act 2010. It provides the detailed operational rules for energy rating methodology, advertising requirements, and certificate content that the parent Act contemplated. The scope remains focused on commercial building energy disclosure without significant expansion into unrelated areas."},"complexity_factors":["12 defined terms in section 4, several of which incorporate external documents by reference (NABERS Energy rating rules, Tenancy Lighting Assessment rules, Property Council measurement standard)","Nested conditional logic in section 6: primary method (subsection 1) modified by four subsections (2-5), with an alternative method (subsection 6) subject to four further conditions (subsections 7-10)","Cross-references to primary legislation (Building Energy Efficiency Disclosure Act 2010) and subordinate regulations (Building Energy Efficiency Disclosure Regulations 2010)","Incorporation of external standards 'as in force from time to time' (dynamic referencing), creating uncertainty about which version applies at any given moment","Dual pathways for both energy ratings (section 6) and lighting assessments (section 7): calculate fresh OR rely on existing certified rating, each with distinct eligibility conditions","Technical dependencies on NABERS scheme administration (National Administrator certification, NSW Environment Agency publications)"],"plain_english_summary":"This Determination prescribes how energy efficiency ratings for large commercial office buildings are calculated and displayed under the Building Energy Efficiency Disclosure Act 2010. It tells owners and accredited assessors to use the NABERS method (with set modifications), requires prominent star ratings in advertisements, and mandates specific certificate contents to ensure consistent, comparable reporting.\n\nIt affects owners of offices >1,000 m², accredited assessors, prospective buyers/tenants, and the Department — promoting market transparency and incentives to improve efficiency."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This Determination replaces the 2015 Determination and updates technical and procedural requirements (methods to calculate ratings, exclusion of GreenPower from disclosed ratings, meter adequacy rules, lighting assessment rules, advertisement formatting, and the precise fields to appear on certificates). Those changes clarify and refine how the Act’s disclosure obligation is implemented but do not materially expand the classes of buildings or persons required to disclose under the Act. In short, it adjusts methods and presentation details rather than growing the statutory scope of who is covered."},"complexity_factors":["17 defined terms in section 4 (e.g. NABERS Energy rating rules, GreenPower program, utility meter, base/whole building rating)","Multiple external documents referenced \"as in force from time to time\" (NABERS Energy rating rules; Tenancy Lighting Assessment rules), creating ongoing cross-dependency","Section 6 contains 10 sub-provisions with conditional logic about when to apply NABERS rules directly or rely on an existing certified NABERS rating (including exclusions for GreenPower and refurbishment)","Alternation between base building and whole building ratings with a metering adequacy test (sections 6(4)–(5)) introduces a binary decision point based on factual on-site conditions","Lighting assessment rules and a separate reliance pathway add a parallel assessment stream (section 7)","Advertisement presentation rules include semi-subjective requirements (prominence and font-size compared to the majority of ad text) (section 5)","Certificate content requires a detailed list of 16 specific fields to be recorded and published (section 8(a)–(p))","Provisions give assessors scope for subjective judgment (e.g. \"reasonably forms the opinion\" about works affecting rating), increasing interpretive complexity (sections 6(3), 6(9)–(10))"],"plain_english_summary":"**What this Determination does (in plain English)**\n\n- This is a rule-sheet that tells accredited assessors and building owners exactly how to measure and present an energy-efficiency rating for office buildings when the Building Energy Efficiency Disclosure Act 2010 requires one. (See sections 5–8.)\n\n- It specifies which technical rating systems and documents to use, how assessors must treat certain situations, what must appear on certificates, and how ratings must be shown in advertisements. (Key mechanics: sections 5–7 for presentation and methods; section 8 for certificate contents.)\n\n**Who it affects**\n\n- Building owners and sellers/lessors of commercial office buildings who need an energy-efficiency certificate under the Act. (Certificates and advertisement rules affect owners and marketing agents — see sections 5 and 8.)\n- Accredited NABERS assessors who carry out energy and lighting assessments and issue certificates. (See sections 6 and 7.)\n- The Department (the Commonwealth department responsible for the Act) because it publishes or certifies some of the external rules and lighting assessments referenced. (See definitions and section 7.)\n\n**How the Determination works mechanically**\n\n- It adopts the NABERS Energy rating rules as the primary method for calculating energy-efficiency ratings, subject to specific modifications and exceptions set out here. (Section 6(1)(a).)\n\n- The Determination disallows the use of purchased GreenPower to improve a building's rating. Accredited assessors must exclude the effect of GreenPower when calculating or relying on a NABERS rating. (Sections 6(2) and 6(7).) This means buying certified renewable electricity cannot be used to raise the stated NABERS Energy figure for disclosure purposes.\n\n- If a building is undergoing a major refurbishment, assessors must not assign a rating when the works are likely to affect the rating. Similarly, assessors cannot rely on an existing certified NABERS rating if they reasonably believe works are happening now or happened after the rating that would affect it. (Sections 6(3), 6(9) and 6(10).)\n\n- Assessors should produce a base building rating unless metering is inadequate (i.e. meters cannot separate tenant energy use from base building energy use). If base building metering is inadequate and would produce a non-representative figure, the assessor must instead produce a whole building rating. (Sections 6(4)–(5).)\n\n- As an alternative to re-assessing, an accredited assessor may adopt and rely on a current NABERS rating certified by the NABERS National Administrator — but only if that certified rating meets the same constraints (no GreenPower, is a base or acceptable whole-building rating, and is not made unreliable by refurbishments). (Sections 6(6)–(10).)\n\n- Lighting assessments for a tenancy or building must use the Department’s Tenancy Lighting Assessment rules, or an assessor may rely on a lighting assessment the Department has previously certified. (Section 7.)\n\n- Advertisements that state an energy rating must: display the rating as a whole number or half number followed by the words \"-star NABERS Energy rating\" (for example, \"4.5-star NABERS Energy rating\"); show that rating prominently so it is visible, not obscured, and in type at least as large as the majority of the ad’s text. (Section 5.)\n\n- A building energy efficiency certificate must contain specific data fields, including start and end dates, a unique certificate number, owner name and building address, net lettable area, hours of occupancy, whether the rating is base or whole building, energy use (MJ/year), greenhouse gas emissions (kg CO2/year) excluding GreenPower, the NABERS rating (excluding GreenPower), emissions per square metre, assessor name and registration number. (Section 8.)\n\n**Why these rules matter (stated purpose and practical effects)**\n\n- The Determination operationalises the Act’s disclosure requirement by naming the technical standards and setting boundaries on how ratings are calculated and presented. The Determination itself does not change who must disclose — it prescribes how disclosure is done.\n\n- It prevents owners from improving disclosed ratings by purchasing GreenPower (sections 6(2) and 6(7)), so ratings reflect measured onsite energy performance rather than offset purchases. That creates an incentive to reduce actual energy use or improve building systems rather than rely on renewable energy purchases to meet disclosure expectations.\n\n- The rules create compliance costs and administrative tasks for owners: commissioning accredited assessors, ensuring adequate metering if a base-building rating is required (sections 6(4)–(5)), and collecting the specific information required for certificates (section 8). Where metering is inadequate, owners may need to install or reconfigure meters or accept a whole-building rating instead.\n\n- Assessors and the Department retain judgment-based roles: assessors must form reasonable opinions about refurbishments and meter adequacy (sections 6(3), 6(4), 6(9)–(10)), and the Department publishes lighting rules and certifies lighting assessments (section 7). This introduces implementation discretion and potential variability in assessments.\n\n**Trade-offs, implementation risks and compliance issues to watch**\n\n- External, updating documents: the Determination references NABERS rules and Tenancy Lighting Assessment rules \"as in force from time to time\" (definitions and sections 6 and 7). That keeps technical standards current without reissuing the Determination, but it also means methods can change without a new legislative instrument — creating regulatory drift risk for owners and assessors.\n\n- Meter adequacy is a gatekeeper: the requirement to produce a base building rating unless metering is inadequate means owners with insufficient metering either face meter upgrades (cost) or acceptance of a whole-building rating (which can change the reported figure). (Sections 6(4)–(5).)\n\n- The advertisement-size rule (that rating text must be \"at least as large as the majority of the text\" in the ad — section 5(2)(c)) is practical but somewhat subjective; enforcement and disputes over compliance could arise.\n\n- By excluding GreenPower from the disclosed rating, the Determination reduces one avenue for owners to improve reported performance, shifting incentives toward operational or capital improvements.\n\n**Who pays and who decides (summary)**\n\n- Who pays: building owners bear the direct costs of assessments, any necessary metering upgrades, and compliance with advertisement and certificate requirements (sections 5, 6, 8).\n\n- Who decides: accredited assessors exercise key judgments about meter adequacy and whether refurbishments affect ratings (sections 6(3)–(5), 6(9)–(10)); the Department publishes and certifies lighting rules and assessments (section 7); NABERS National Administrator certifies NABERS ratings that assessors may rely on (section 6(6)).\n\n\n"}},"importantCases":[],"_links":{"self":"/api/acts/building-energy-efficiency-disclosure-determination-2016","history":"/api/acts/building-energy-efficiency-disclosure-determination-2016/history","analysis":"/api/acts/building-energy-efficiency-disclosure-determination-2016/analysis","conflicts":"/api/acts/building-energy-efficiency-disclosure-determination-2016/conflicts","importantCases":"/api/acts/building-energy-efficiency-disclosure-determination-2016/important-cases","documents":"/api/acts/building-energy-efficiency-disclosure-determination-2016/documents"}}