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.
Who can get a Commitment Agreement?
Commitment Agreements can be signed for the following new and refurbished buildings:
- Apartment buildings
- Data centres (infrastructure, IT equipment, whole facility)
Hotels - Offices (base building, whole building and tenancy)
Residential aged care - Retail stores
- Retirement living
- Schools
- Shopping centres
- Warehouses and cold stores
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
- Design the building or space to operate at the energy performance level nominated in your Commitment Agreement.
- Prepare the model, simulation report and minimum documentation as detailed in the Handbook for estimating NABERS ratings.
- Email the Estimate report to nabers@environment.nsw.gov.au.
3. Get an Independent Design Review (IDR) report
- Contract a member of the Independent Design Review (IDR) Panel to review the project and obtain an IDR report as detailed in the Handbook for estimating NABERS ratings.
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
- Consult our handy NABERS Commitment Agreement fact sheet for a breakdown of what a Commitment Agreement entails, how you can benefit, how to get started and more.
- Read the Commitment Agreement contract to find out more about the steps, rights and obligations involved in entering into a Commitment Agreement.
- Read the Frequently Asked Questions (FAQs) to clarify further follow-up information.
Still have questions? Email us at nabers@environment.nsw.gov.au.