Does your building qualify for a CBPS exemption?
Washington’s Clean Buildings Performance Standard (CBPS) allows exemptions for buildings that meet specific eligibility criteria. A building’s use, occupancy, conditioned floor area, financial circumstances, or planned demolition may affect whether it qualifies.
Eligibility must be documented, and the exemption application must be approved by the Washington State Department of Commerce. An exemption is not automatic because a building appears to meet a criterion.
Dena Energy helps building owners and managers evaluate potential eligibility, organize supporting records, and prepare exemption applications. For the broader requirements and compliance pathways, see our Washington CBPS compliance overview.
Coverage, Exemptions, and Extensions
Start by confirming the building’s size, use, ownership, and assigned tier. A building outside the program’s coverage is different from a covered building that qualifies for an exemption. Incorrect building records may need to be corrected with the Department of Commerce.
Exemption: Approval based on a specific rule, generally for the current compliance cycle.
Tier 1 compliance light: Relief from the energy performance requirement while benchmarking, an energy management plan (EMP), and an operations and maintenance (O&M) program remain required.
Extension: Additional time to comply under a separate application and approval process.
Potential Tier 1 and Tier 2 exemption criteria
The following is a screening guide. The applicable rule defines the precise area calculations, qualifying periods, and evidence required for each building.
Occupancy and building use
Certificate of occupancy: The building has not had a certificate of occupancy or temporary certificate of occupancy for a consecutive 12-month period within the two years before its compliance date.
Low physical occupancy: The building has not been physically occupied in at least 50% of its conditioned floor area throughout the 12 months before its compliance date. A current vacancy alone does not establish eligibility.
Unconditioned or semiheated space: After qualifying space is excluded, the remaining area is below the applicable threshold: 50,000 square feet for Tier 1 or 20,000 square feet for Tier 2. Space classification must follow the Washington State Energy Code. Additional requirements can remain for partially exempt Tier 1 buildings.
Manufacturing or industrial use: More than 50% of gross floor area is primarily used for manufacturing or industrial purposes classified as Factory Group F or High Hazard Group H. Supporting space within the same building may count; unrelated tenant space does not automatically qualify.
These area-based criteria can interact. The rules allow certain combinations of exempt areas, subject to the applicable greater-than-50% test. Mixed-use buildings require a documented area-by-area review.
Other qualifying circumstances
Agricultural structures: The building meets the program’s definition of an agricultural structure. A farm-related business or address alone is insufficient.
Pending demolition: The building meets the demolition exemption criteria, supported by the required records.
Financial hardship: The owner meets a specified financial distress criterion. Examples include qualifying tax-lien proceedings, receivership, foreclosure-related ownership or default, certain school or public hospital district financing constraints, or a documented immediate and heavy financial need beyond the owner’s control. Cost concerns alone do not establish eligibility.
National security: Compliance would impair national security under the rule’s specific conditions, such as qualifying federal classified work or direction from the authority having jurisdiction.
Tier 1 “compliance light” exemptions
Certain Tier 1 buildings may receive relief from the energy performance requirement while still completing benchmarking, an EMP, and an O&M program. Potential circumstances include:
Required performance improvements would threaten a qualifying historic building’s historic integrity. Historic designation alone is not an automatic exemption.
A significant assessed-value loss since March 2020 prevents financing compliance, supported by the required financial and borrowing-capacity documentation.
A partial exemption for unconditioned or semiheated space leaves more than 20,000 square feet of nonexempt space.
Confirm the remaining obligations and deadline for the specific approval. A high ENERGY STAR score, ENERGY STAR certification, or a recent energy audit does not by itself create a blanket CBPS exemption.
Application Timing and Approval
Tier 1: Apply no earlier than three years and no later than 180 days before the building’s compliance date.
Tier 2: Apply no earlier than two years and no later than 180 days before the building’s compliance date.
Applications are evaluated for individual buildings. Approval applies only to the current compliance cycle. Tier 1 owners must also recertify eligibility within six months before the compliance date and confirm that no material changes affect the exemption.
Tier 1’s initial compliance dates are June 1, 2026 for buildings over 220,000 square feet; June 1, 2027 for buildings over 90,000 through 220,000 square feet; and June 1, 2028 for buildings over 50,000 through 90,000 square feet. Tier 2’s initial deadline is July 1, 2027. Confirm the building’s assigned cohort and applicable floor-area treatment before calculating its application deadline.
If the application window or compliance date has passed, contact the Department of Commerce promptly for direction. Do not assume that a pending application pauses compliance obligations or that approval is guaranteed.
What documentation should you prepare?
The evidence depends on the exemption requested. A useful starting package includes:
Building ID, address, ownership information, compliance notice, and assigned tier.
Floor plans and area calculations identifying uses, occupancy classifications, conditioned space, and any proposed exempt areas.
Certificates of occupancy, dated occupancy records, leases, or other records supporting the required qualifying period.
Applicable demolition, agricultural-use, historic-preservation, financial, or national-security documentation.
The owner’s required certification and a record of submitted materials, approval conditions, and future review dates.
Need more time instead of an exemption?
A compliance extension is a separate option for qualifying circumstances. Current rules allow an application for a two-year extension from six months before through six months after the compliance deadline. The request must explain the qualifying reason and provide supporting evidence. An extension is not automatic and does not remove the underlying compliance requirements.
Official CBPS Exemption Resources
Review the current rules and Department of Commerce instructions before applying:
Reviewed November 2026. Eligibility and remaining obligations depend on the applicable rules and the Department of Commerce’s determination.
Request a CBPS Exemption Review
Dena Energy can help assess potential eligibility, identify documentation gaps, and prepare your exemption application. If an exemption does not apply, we can help plan the building’s next compliance steps.
Contact us for a no-cost, no-obligation consultation. Share your building address, approximate floor area, assigned tier, and compliance deadline to get started.
Phone: (888) 302-3362
Email: info@dena.energy