{"id":"F2016L01148","name":"Building Energy Efficiency Disclosure (Disclosure Affected Buildings) Determination 2016","slug":"building-energy-efficiency-disclosure-disclosure-affected-buildings-determination-2016","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":129388,"registerId":"commonwealth-F2016L01148-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Building Energy Efficiency Disclosure (Disclosure Affected Buildings) Determination 2016","content":"![](image.001.png)\n\nBuilding Energy Efficiency Disclosure (Disclosure Affected Buildings) Determination 2016\n\nBuilding Energy Efficiency Disclosure Act 2010\n\nI, Josh Frydenberg, Minister for Resources, Energy and Northern Australia, make this Determination under section 10 of the Building Energy Efficiency Disclosure Act 2010.\n\nDated: 6 May 2016\n\nJOSH FRYDENBERG\n\n\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\\_\n\nJOSH FRYDENBERG\n\nMinister for Resources, Energy and Northern Australia\n\n  \n\n1 Name of Determination\n\nThis Determination is the Building Energy Efficiency Disclosure (Disclosure Affected Buildings) Determination 2016.\n\n2 Commencement\n\nThis Determination commences the day after registration.\n\n3 Repeal\n\nThe Building Energy Efficiency Disclosure (Disclosure Affected Buildings) Determination 2015 (F2015L01074) is repealed.\n\n4 Definitions\n\nIn this Determination:\n\n> Act means the Building Energy Efficiency Disclosure Act 2010.\n\n> Area of a Building includes physically separate spaces within the building that share access to the outside of the building, or that are linked internally to a space that provides such external access, that may be grouped together for the purposes of offering to let or sublet or inviting offers to lease or sublease.\n\n> Note Refer to section 5 of the Act for the meaning of ‘offering to let or sublet or inviting offers to lease or sublease’.\n\n> Certificate of Occupancy is a document, however described, issued by a local authority under a State or Territory law indicating that a building is safe for occupancy.\n\n> Gross Lettable Area and Net Lettable Area, for a building or an Area of a Building, have 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 this Determination.\n\n> Note: The document 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> Major Refurbishment has the meaning given to it in the Building Energy Efficiency Disclosure Regulations 2010.\n\nNote: Several other words and expressions used in this Determination have the meaning given by section 3 of the Act.\n\n> Support Facility means a part of a building that:\n\n> (a) is not used for administrative, clerical, professional or similar information‑based activities; and\n\n> (b) is available to support those activities; and\n\n> (c) occupies a space that is Fit to be Used for those activities; and\n\n> (d) is exclusively for the use of office tenants.\n\n5 Disclosure affected buildings\n\n(1) For subsection 10 (1) of the Act, this section specifies the kinds of buildings that are disclosure affected.\n\n(2) Subject to subsections 5(4), 5(5) and 5(6) of this Determination, from the commencement of this Determination until 1 July 2017, a building is disclosure affected if:\n\n(a) at least 75% of the space in the building by Net Lettable Area (or Gross Lettable Area if Net Lettable Area is not available) is for administrative, clerical, professional or similar information‑based activities, including any support facilities for those activities; and\n\n(b) the Net Lettable Area (or Gross Lettable Area if Net Lettable Area is not available) of the space in the building that is for administrative, clerical, professional or similar information‑based activities, including any support facilities for those activities, is at least 2000 square metres.\n\n(3) Subject to subsections 5(4), 5(5) and 5(6) of this Determination, from 1 July 2017, a building is disclosure affected if:\n\n(a) at least 75% of the space in the building by Net Lettable Area (or Gross Lettable Area if Net Lettable Area is not available) is for administrative, clerical, professional or similar information‑based activities, including any support facilities for those activities; and\n\n(b) the Net Lettable Area (or Gross Lettable Area if Net Lettable Area is not available) of the space in the building that is for administrative, clerical, professional or similar information‑based activities, including any support facilities for those activities, is at least 1000 square metres.\n\n(4) A building is not disclosure affected if:\n\n(a) it is new; and\n\n(b) a Certificate of Occupancy:\n\n(i) has not yet been issued; or\n\n(ii) is less than 2 years old.\n\n(5) A building is not disclosure affected if:\n\n(a) it has had a Major Refurbishment; and\n\n(b) a Certificate of Occupancy is less than 2 years old.\n\n(6) A building is not disclosure affected if the building is held under a strata title system (however described) established under a law of a State or Territory.\n\n> Note: See the definition of disclosure affected building in the Act.\n\n6 Disclosure affected areas of a building\n\n(1) For subsection 10 (2) of the Act, this section specifies the various types of an Area of a Building that is disclosure affected.\n\n(2) Subject to subsections (4), (5) and (6), from the commencement of this Determination until 1 July 2017, an Area of a Building is disclosure affected if:\n\n(a) at least 75% of the space in the building by Net Lettable Area (or Gross Lettable Area if Net Lettable Area is not available) is for administrative, clerical, professional or similar information‑based activities, including any support facilities for those activities; and\n\n(b) the Net Lettable Area (or Gross Lettable Area if Net Lettable Area is not available) of the space in the area that is for administrative, clerical, professional or similar information‑based activities, including any support facilities for those activities, is at least 2000 square metres.\n\n(3) Subject to subsections (4), (5) and (6), from 1 July 2017, an Area of a Building is disclosure affected if:\n\n(a) at least 75% of the space in the building by Net Lettable Area (or Gross Lettable Area if Net Lettable Area is not available) is for administrative, clerical, professional or similar information‑based activities, including any support facilities for those activities; and\n\n(b) the Net Lettable Area (or Gross Lettable Area if Net Lettable Area is not available) of the space in the area that is for administrative, clerical, professional or similar information‑based activities, including any support facilities for those activities, is at least 1000 square metres.\n\n(4) An Area of a Building is not disclosure affected, if:\n\n(a) the building in which it is located is new; and\n\n(b) a Certificate of Occupancy:\n\n(i) has not yet been issued; or\n\n(ii) is less than 2 years old.\n\n(5) An Area of a Building is not disclosure affected if:\n\n(a) the building in which it is located has had a Major Refurbishment; and\n\n(b) a Certificate of Occupancy is less than 2 years old.\n\n(6) An Area of a Building is not disclosure affected if the area is held under a strata title system (however described) established under a law of a State or Territory.\n\n> Note: See the definition of disclosure affected area of a building in the Act.\n\n> Note\n\n> Note: 1. 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":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This Determination appears to maintain the original scope of the Building Energy Efficiency Disclosure scheme. The 2016 version continues the phased reduction of the threshold from 2,000m² to 1,000m² that was planned from the scheme's inception. The exemptions for new buildings, refurbished buildings, and strata title properties remain consistent with the original policy intent to focus on established commercial office stock while giving relief for recent construction."},"complexity_factors":["Multiple effective dates creating a phased implementation (pre-July 2017 vs post-July 2017 thresholds)","Nested conditional logic with primary tests (75% office use + size threshold) and multiple exemption clauses (subsections 4, 5, and 6)","Cross-references to external documents (Property Council of Australia's 'Method of Measurement for Lettable Area' from 1997)","Cross-references to parent Act (Building Energy Efficiency Disclosure Act 2010) and Regulations for defined terms like 'Major Refurbishment'","Alternative measurement metrics (Net Lettable Area with Gross Lettable Area as fallback) creating parallel calculation paths","Duplicated structure between sections 5 (whole buildings) and 6 (areas of buildings) with nearly identical text"],"plain_english_summary":"This law requires owners/landlords to disclose an energy-efficiency rating when selling or leasing office buildings (or qualifying parts of them) above specified size thresholds—initially 2,000 m² (2016–1 July 2017), dropping to 1,000 m² from 1 July 2017. Exemptions include new or recently refurbished buildings under two years and strata-titled units. It affects commercial property owners, agents and tenants by enabling comparison of likely energy costs and environmental performance."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Determination expands coverage over time by lowering the size threshold for disclosure from 2,000 m² (until 1 July 2017) to 1,000 m² thereafter, thereby bringing more buildings/areas into the disclosure regime. It also preserves specific carve‑outs for new buildings, recent major refurbishments (both evidenced by Certificates of Occupancy younger than 2 years) and strata‑titled holdings (sections 5(2)–(6), 6(2)–(6))."},"complexity_factors":["Variable size thresholds with a scheduled change: 2,000 m² until 1 July 2017, then 1,000 m² (sections 5(2)(b), 5(3)(b)).","75% use test requiring assessment of Net Lettable Area (or Gross if NLA unavailable) to determine 'administrative, clerical, professional or similar information‑based activities' coverage (sections 5(2)(a), 5(3)(a); definition of Area of a Building).","External measurement standard referenced for Gross/Net Lettable Area (Property Council of Australia Method of Measurement for Lettable Area, March 1997) creates reliance on an out‑of‑instrument document for key calculations (definition of Gross Lettable Area and Net Lettable Area in section 4).","Multiple exclusions that must be evidenced: 'new' buildings or those with a Certificate of Occupancy less than 2 years old (sections 5(4), 6(4)); buildings with Major Refurbishment and recent Certificate (sections 5(5), 6(5)); strata‑titled holdings (sections 5(6), 6(6)).","Cross‑references to the Act and Regulations for terms like 'Major Refurbishment' and to the Act's definitions increase interpretive scope and administrative checks (section 4 notes; general note referencing section 3 of the Act).","Administrative/compliance burdens on owners/lessors: measuring or sourcing NLA/GLA, obtaining or checking Certificate of Occupancy dates, and applying exclusions (sections 4, 5, 6).","Potential interpretive ambiguity around 'Support Facility' and what counts as information‑based activities may require case‑by‑case determination (definition of Support Facility in section 4).","Instrument repeals the 2015 Determination, so implementers must track the change and apply new thresholds from commencement (section 3)."],"plain_english_summary":"This Determination specifies which buildings and parts of buildings must supply energy‑efficiency disclosure under the Building Energy Efficiency Disclosure Act 2010. It sets measurable triggers (a 75% office‑type use test and size thresholds: 2,000 m² until 1 July 2017, 1,000 m² thereafter), prescribes measurement guidance and lists exclusions (new or recently refurbished buildings; strata‑titled lots). It primarily affects owners/lessors of large office buildings by creating a duty to measure, document and disclose energy information, imposing compliance and administrative tasks."}},"importantCases":[],"_links":{"self":"/api/acts/building-energy-efficiency-disclosure-disclosure-affected-buildings-determination-2016","history":"/api/acts/building-energy-efficiency-disclosure-disclosure-affected-buildings-determination-2016/history","analysis":"/api/acts/building-energy-efficiency-disclosure-disclosure-affected-buildings-determination-2016/analysis","conflicts":"/api/acts/building-energy-efficiency-disclosure-disclosure-affected-buildings-determination-2016/conflicts","importantCases":"/api/acts/building-energy-efficiency-disclosure-disclosure-affected-buildings-determination-2016/important-cases","documents":"/api/acts/building-energy-efficiency-disclosure-disclosure-affected-buildings-determination-2016/documents"}}