Commonwealth Numbered Acts

BUILDING ENERGY EFFICIENCY DISCLOSURE ACT 2010 (NO. 67, 2010) - SECT 20

             (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)  assess the energy efficiency of the lighting for the building that might reasonably be expected to remain if the building is sold, let or sublet 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)  assess the energy efficiency of the lighting for the area that might reasonably be expected to remain if the area is let or sublet 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.