BESO Time of Sale
Alert: The City of Berkeley Health Officer has ordered residents to shelter at home through April 7, leaving only to receive or provide essential services. All City buildings are closed to the public.
If you have a building sale during this time and need a BESO compliance form, please email a copy of the application to beso@cityofberkeley.info in addition to mailing the application and filing fee. BESO staff will issue a temporary compliance form that can be included in the closing documents. The final compliance form will be sent once the filing fee payment has been received.
See cityofberkeley.info/coronavirus for more information and current recommendations from Berkeley Public Health.
BESO Energy Assessments Reveal Individualized Energy Improvement Opportunities. For general information about BESO see: www.cityofberkeley.info/BESO
BESO Compliance Steps
1. Check building status by looking up the building address on the BESO property status list.
- Address not listed? Properties subject to ordinance requirements that are not yet listed must complete an application for BESO compliance.
- Listed as "Compliant"? Email BESO@cityofberkeley.info and request a copy of the form on file for your building.
- Listed as "Deferred to Buyer- Form A Due"? A Form C Deferral was filed for this building, which expires on the date listed in the Property Status List. Go to "Submit Energy Assessment" in Step 2.
Please note exemptions at time of sale
2. Choose one of the compliance options below.
- Submit Energy Assessment - Hire a Registered BESO Energy Assessor qualified for your building type from the Registered Energy Assessor List (Commercial, Multifamily & Mixed Use or Houses [1-4 unit residential buildings]).The assessor will provide a copy of the Energy Report to the customer and the City. The City will email a Compliance Form A upon receipt of the BESO application and filing fee. Filing fees range from $79 to $250 based on building size, see BESO Application for details. For BESO Compliance for homes, an Energy Upgrade California (EUC) Advanced Assessment may be provided in lieu of a Home Energy Score.
- Apply for Deferral:
- Time of Sale Deferral - Apply for a Time of Sale Deferral (Deferral Form C), transferring responsibility for BESO compliance from seller to buyer. The Time of Sale Deferral requires the buyer to complete an energy assessment within 12 months of the sale date. A Deferral Form C will be generated upon submission of the application and a $48 deferral fee. Submit the Deferral Form C to the title company at closing.
- Deferral for New or Planned Construction - Time of Sale reporting requirements may be deferred for up to ten years for new construction, and up to 24 months for a planned "extensive renovation" or demolition. A project qualifies as an "extensive renovation" if it includes replacement of all energy-related equipment and at least half of the building envelope. Submit a copy of all applicable permits along with application. A Deferral Form D will be generated; no filing fee is required. Submit the Deferral Form D to title company at closing.
- For additional deferrals, such as hardship, please contact the BESO team directly at BESO@cityofberkeley.info or 510-981-7465.
- Exempt size thresholds - 1) Buildings 25,000 ft2 & over, 2) buildings under 850 ft2, and 3) any duplex with both units under 850 ft2 each, are exempt from time-of-sale BESO requirements. No filing fee is required.
- Unit within a larger building - Units within a larger building (such as an individually owned attached condo), are exempt from time-of-sale BESO requirements. No filing fee is required.
3. Complete the BESO Application Form - BESO Application Form
4. Submit completed BESO application and filing fees (if applicable):
- Due to the shelter at home order, BESO Staff will not be in the office to process applications. If you have a building sale during this time and need a BESO compliance form, please email a copy of the application to BESO@cityofberkeley.info in addition to mailing the application and filing fee. BESO staff will issue a temporary compliance form that can be included in the closing documents. The final compliance form will be sent once the filing fee payment has been received.
- Mail check, make payable to City of Berkeley, along with application to:
City of Berkeley Planning Dept.
Office of Energy & Sustainable Development
ATTN: BESO
1947 Center St., 1st Floor
Berkeley, CA 94704
- Only applications that do not require a fee can be processed via email to BESO@cityofberkeley.info. Applications requiring payment must be submitted by mail or in person.
5. Disclose building status to prospective buyers. BESO information and status is available on the City's website. Energy information must be provided to prospective buyers. Deferral Form C or Compliance Form A and the Energy Report are required to be included with closing documents at close of escrow.
Home Energy Score Information
Other Time of Sale Requirements and Resources
More Information
For questions, email BESO@cityofberkeley.info or call 510-981-7465. For more information, see the main BESO webpage at www.cityofberkeley.info/BESO.