ACT EER Disclosure Requirements for Rental Properties

EER and Ceiling Insulation Are Not the Same Thing

This is the confusion that trips up the most landlords in the ACT. The Energy Efficiency Rating (EER) measures the overall thermal performance of a building envelope — walls, windows, roof, orientation — on a 0 to 6 star scale. The ceiling insulation standard requires a specific R-value (R5 for new installations, R2 minimum for existing). They're assessed differently, disclosed differently, and governed by different parts of the law.

You can have an EER of 4 stars and still fail the ceiling insulation standard if your existing batts sit below R2. Conversely, you can have R5 ceiling insulation in a draughty 1-star building.

What the Law Requires

Under Sections 11A and 12(3)(c) of the Residential Tenancies Act 1997, EER disclosure is mandatory in two places:

In advertising: If an EER statement exists for your property, you must state the rating in every rental listing — online portals, print, and signage. If no EER statement exists, your ad must explicitly state "No EER rating." You can't just leave it out.

Before lease signing: If an EER statement exists, you must provide a copy to the prospective tenant before they sign.

You Don't Have to Commission One

An important nuance that gets lost: you're not required to pay for a new EER assessment just to rent your property. The obligation is to disclose an existing rating or disclose that none exists. If the property has never been assessed, advertising "No EER rating" satisfies the requirement.

However, if an EER statement does exist — from when the property was built, sold, or previously assessed — you must disclose it. EER statements are valid for 10 years unless building work alters the rating.

Advertising Penalties

Publishing a rental ad that omits the EER disclosure is a strict liability offence under Section 11AB: up to five penalty units ($800 for individuals, $4,050 for corporations). This applies to every rental advertisement, including listings on Allhomes, realestate.com.au, and other property portals.

The penalty is the same whether you omit the EER, the insulation status, or the adaptable housing statement. All four mandatory disclosures carry the same maximum five-unit fine.

Practical Steps

Check whether your property has an existing EER statement — it would have been produced by an accredited building assessor, often at the time of construction or sale. If it exists, note the star rating and the assessment date. If you can't find one and there's no record of an assessment ever being done, you'll advertise "No EER rating" and move on.

The ACT Rental Minimum Standards Guide covers EER disclosure alongside the insulation and advertising requirements in a single pre-listing checklist, so nothing gets missed across the four mandatory advertising statements.

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