20Damages for failure to properly carry out assessments

20 Damages for failure to properly carry out assessments

(1) An accredited assessor who carries out an assessment of a disclosure affected building for the purposes of applying for a building energy efficiency certificate must, in doing so: (a) work out the proposed energy efficiency rating for the building by applying the assessment methods and standards determined under section 21; and (b) perform a lighting energy efficiency assessment for the building by applying the assessment methods and standards determined under section 21; and (c) comply with the assessor’s conditions of accreditation. (2) An accredited assessor who carries out an assessment of a disclosure affected area of a building for the purposes of applying for a building energy efficiency certificate must, in doing so: (a) work out the proposed energy efficiency rating for the building by applying the assessment methods and standards determined under section 21; and (b) perform a lighting energy efficiency assessment for the area by applying the assessment methods and standards determined under section 21; and (c) comply with the assessor’s conditions of accreditation. (3) If one of the following persons suffers damage as a result of a failure to comply with a duty under this section, the person may recover damages for any loss suffered as a result of that failure in a Court: (a) if the certificate is sought for a disclosure affected building: (i) the owner of the building; and (ii) if all or part of the building is let—the lessor and lessee under the lease; and (iii) if all or part of the building is sublet—the sublessor and sublessee under the sublease; (b) if the rating or certificate is sought for a disclosure affected area of a building: (i) the owner of the building; and (ii) the lessor and lessee under a lease of the area; and (iii) if the area is sublet—the sublessor and sublessee under the sublease.

Note: This section does not provide for recovery of damages in relation to approval by an auditing authority of energy efficiency ratings or lighting energy efficiency assessments.