(1) An environmental upgrade agreement must relate to an existing building (that is, a building that is complete and ready for lawful use and occupation at the time the agreement is entered into).
(2) The building must be a non-residential building or a strata building that is the subject of a multi-residence scheme.
(3) A non-residential building is a building used wholly or predominantly for commercial, industrial or other non-residential purposes.
(4) A multi-residence scheme is a strata scheme comprising more than 20 lots (disregarding utility lots and lots used for parking).
(5) The building must be located in the council's area at the time that the agreement is entered into.