Would a building owner be penalised if a tenant subleased their office space of more than 2,000 square metres without disclosing the required information?
For subleases of a disclosure affected building (or a disclosure affected area of a building), the disclosure obligations fall on the lessee to obtain and register a Building Energy Efficiency Certificate (BEEC) – or a NABERS Energy rating during the transition period to 31 October 2011. A tenant who does not obtain and register a BEEC (or NABERS Energy rating during the transition period) before offering the space for sublease, is liable for a civil penalty under section 11 of the Building Energy Efficiency Disclosure Act 2010.
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