As of July 1, 2013, California Public Resources Code §25402.10 requires the owner of a non-residential building with a total gross floor area of 50,000 square feet or more in the event of a sale, lease or finance of the property to disclose the building’s energy use data for the most recent 12 months, together with information regarding the building’s operating characteristics and the building’s ENERGY STAR® Energy Performance Score.

By July 1, 2013, revise your forms of commercial lease and commercial purchase and sale agreement to include the required energy use disclosure.  Also, remember to make the required disclosure when financing or refinancing a loan secured by a building subject to the new disclosure requirement.

If you have any questions, please contact Lisa Stalteri at: (650) 342-9600 or lstalteri@carr-mcclellan.com.