Massons

Office tenants and owners prepare: new laws could impact you

Written by Jodie Masson & Kate Clissold on May 1, 2017

More owners and tenants will require a Building Energy Efficiency Certificate

On 1 July 2017, the Government will lower the threshold established under the Building Energy Efficiency Disclosure Act 2010 (Cth) from 2,000 square metres to 1,000 square metres. Generally, this means that, on and from 1 July 2017, if you are:

  • a building owner who is selling or leasing office space with a net lettable area of 1,000 square metres or more; or
  • a tenant who is subleasing part of your tenancy with a net lettable area of 1,000 square metres or more,

you are now required to obtain a BEEC (Building Energy Efficiency Certificate) prior to the building being placed on the market for sale, lease or sublease.

A reminder of the obligations

You may recall that under the Building Energy Efficiency Disclosure Act 2010 (Cth):

  • A BEEC must include:
    • the building’s NABERS (National Australian Built Environment Rating System) Energy for offices star rating; and
    • a Tenancy Lighting Assessment (TLA).
  • The NABERS Energy star rating must be included in any advertising for the sale, lease or sublease of the building or office space.
    • Some buildings are currently exempt from the disclosure obligations, determined by:
    • Type of building, such as:
      • new buildings or buildings which have completed a major refurbishment (where a certificate of occupancy has not yet been issued or was issued for less than two years)
      • strata-titled buildings
      • some mixed-use buildings (with total office space being less than 75% of the net lettable area); and
    • Type of transaction, such as:
      • sales through transfer of share or units
      • sale of partial interests
      • leases and subleases of less than 12 months (including any option to extend).
  • A current, valid BEEC must be provided to all potential buyers and tenants free of charge when requested and as early as possible in the transaction enquiry process.
  • A CBD accredited assessor may require information or access to a disclosure-affected office. However, exemptions to this disclosure obligation are available where tenants:
    • are conducting sensitive police or security operations; or
    • cannot provide energy bills because they are new tenants and have yet received a bill.

Fines and other penalties apply for non-compliance.

For further information, please contact Jodie Masson or Kate Clissold.

 

Insights

Location or amenities: leveraging the benefits of your commercial listing

To assist in leveraging the benefits of commercial listings, the REINSW has recently published an article in which our Ole Mitrevski provides some insights into what businesses prioritise when looking for commercial space

Read the article here – Locations or amenities: leveraging the benefits of your commercial listing

February 15, 2019

Adverse Possession

Our very own Ben Malone recently appeared on ABCNews24 last week chatting all things “adverse possession”.  This was a hot topic in the press following a very interesting (and unusual) adverse possession case relating to a property in the Inner West in NSW (see article in the link below for more details):

Sydney property developer awarded home under squatting laws

November 5, 2018

Strata Renewal update

The Owners – Strata Plan 49574 v Scorpio Holdings (Aust) Pty Ltd & Ors

Another strata renewal hits the Land & Environment Court, and it becomes apparent that:

  • a security for costs application under rule 42.21 of the UCPR will not be available to a dissenting lot owner in strata renewal proceedings; and
  • – applicants are entitled to require dissenting owners to properly “state their case” and provide particulars of compensation early in the proceedings

Read the full case here – https://www.caselaw.nsw.gov.au/decision/5ad6918fe4b074a7c6e1e417

 

 

 

May 4, 2018

Doyle's Guide - 2018

We are delighted that Massons has been listed in the Doyle’s Guide of “Leading Property & Real Estate Law Firms – NSW, 2018 and that both of our partners, Jodie Masson and Leisha de Aboitiz have been listed as “Leading Property & Real Estate Lawyers – NSW, 2018”. Doyle’s Guide is compiled using “online peer-based surveys as well as extensive telephone and face to face interviews with clients, peers and relevant industry bodies” so a big THANK YOU must go out to our wonderful clients and our respected peers in the legal industry – thank you!

http://doylesguide.com/leading-property-real-estate-lawyers-nsw-2018/

http://doylesguide.com/leading-leasing-lawyers-new-south-wales-2018/

http://doylesguide.com/leading-property-real-estate-law-firms-nsw-2018/

April 23, 2018

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Enquiries

Phone: +61 2 8923 0900
Email: property@massons.com