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What is a Commitment Agreement?

A Commitment Agreement is a contract signed by a developer or owner to commit to design, build and commission a building to achieve a specific NABERS energy rating.

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    Who can get a Commitment Agreement?

    Commitment Agreements can be signed for the following new and refurbished buildings:

    • Offices (base building, whole building and tenancy)
    • Hotels
    • Shopping centres
    • Data centres (infrastructure, IT equipment, whole facility)
    • Apartment buildings
    • Residential aged care
    • Retirement living
    • Warehouses and cold stores

    Commitment Agreement process

    Commitment Agreement Process

    Need to know your obligations?

    Read the Commitment Agreement contract explainer which summarises your obligations at each stage of the process in plain English.

    1. Obtain a contract

    • Sign the Commitment Agreement contract and pay the fee.
    • We'll send you a counter-signed contract.
    • You then have a limited licence to promote your target rating using approved wording from NABERS.

    You must then:

    2. Design, document and model

    3. Get an Independent Design Review (IDR) report

    4. Submit the IDR report

    • Email the IDR report to nabers@environment.nsw.gov.au.
    • After we've approved the report you'll have a full licence to promote your target rating. This includes using the Commitment Agreement certificate and logo.

    5. Tell NABERS when a Construction certificate is granted

    6. Keep NABERS updated during early operation

    As the building goes into early operation, submit the following to nabers@environment.nsw.gov.au:

    • Occupancy certificate
    • The date you start collecting 12 months of real, operational energy data for a performance rating – see the contract explainer for when this date should be for your building.

    7. Get a NABERS performance rating once the project is in operation

    • Arrange for an Accredited Assessor to carry out a NABERS Energy Performance Rating on the premises when it is ready for its first performance rating – usually after 12-24 months of operation.

    Why sign a Commitment Agreement?

    There are many reasons to sign a Commitment Agreement, including:

    • Increased capital value
    • Decreased operational energy costs
    • Marketing and communications opportunities
    • Attracting blue chip and/or anchor tenants, who often value or have requirements for high performing buildings
    • Increasing the likelihood of achieving your desired build quality and operational performance 
    • Respected process involving an expert third-party, Independent Design Review to highlight risks
    • May help your office building comply with the National Construction Code 2022.

    Commitment Agreement register


    Commitment Agreements during COVID-19

    In recognition of the effects the COVID-19 pandemic may have on Commitment Agreements, NABERS has published the document Commitment Agreements during COVID-19 - guidance document to assist stakeholders during this time.

    Find out more

    Still have questions? Email us at nabers@environment.nsw.gov.au.