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Submit a Delay of Compliance Request

Under the CEDC Act, a building has five (5) years from the date the Standards are established to meet energy performance and reporting/verification requirements. If a building owner needs additional time to meet a Pathway’s energy performance requirements that extends beyond the end of the Compliance Cycle, it must obtain DOEE approval of a delay to avoid an alternative compliance penalty. The BEPS Compliance Regulations describe the procedures a building owner must follow to request a delay and the criteria DOEE will use to decide whether to grant a delay. See Chapter 5 of the BEPS Guidebook for further guidance on the eligibility criteria, how to apply for a delay, and how DOEE will evaluate applications.

A building owner should request a delay only if meeting the energy performance requirement is practically infeasible by the end of a Cycle. DOEE may grant a delay if a building owner demonstrates that the infeasibility to meet the energy performance requirements is due to one or more of the specific circumstances identified in the BEPS Compliance Regulations and described in Guidebook Section 5.2 or 5.3.

If a building owner needs additional time to meet a reporting or verification deadline, the owner may request an extension. For example, the building owner may request an extension if more time is needed for Pathway Selection or to meet a reporting deadline on the Prescriptive Pathway. If a situation occurs that could cause a building to fail to meet energy performance requirements at the end of a Cycle, the building owner should request a delay using this form instead of an extension.

A building on any Pathway may request a delay of up to three (3) years. Qualifying Affordable Housing building owners are eligible for more than three (3) years of delay. Delays will not change the start of the following BEPS Period or new Compliance Cycle; the building will be subject to the requirements of the new Cycle at the same time it is completing the prior Cycle. If a delay is approved, the building may be placed on an ACP (Section 5.2.4). For Qualifying Affordable Housing buildings, additional requirements are outlined in BEPS Guidebook Section 5.3 for extended delays.

Primary Contact Name*

The primary contact for the individual submitting the request

Primary Contact Company

Primary Contact Email*

This e-mail address will receive copies of all public updates to this ticket.

Primary Contact Phone Number

Building Owner Name*

Building Owner Company*

Building Owner Email*

Building Name*

Building Address*

Portfolio Manager Property ID*

DC Real Property ID*

Please provide the 8 to 12 digit tax lot ID number (also known SSL) associated with your building. If you do not know your DC Real Property ID you can look it up by searching the DC Master Address Repository (MAR)

RAD Registration Number

If a multifamily housing building, provide the active Rental Accommodations Division (RAD) registration and/or exemption number(s).

Extended Delay for Qualifying Affordable Housing

I am requesting an extended delay (more than three years) for a building that meets the definition of "Qualifying Affordable Housing" (found in Appendix F of the BEPS Guidebook.)

Type of Affordable Housing

Qualifying Affordable Housing Attachment

Please upload required documentation demonstrating that this building qualified as the affordable housing type selected above. Examples of such documentation can be found in Table 22 in Section 5.3.2.1 of the Guidebook.

Length of Delay Requested (years)*

Delay of Compliance Eligible Circumstances*

Eligibility Documentation Attachment*

Please upload required documentation demonstrating good cause for granting the request. Examples of such documentation can be found in Table 21 in Section 5.2.2.1 of the BEPS Guidebook.

Demonstration of Infeasibility*

The building owner must also demonstrate how the circumstances of the applicable eligibility criteria make it practically infeasible for the building to meet the performance requirements during the Compliance Cycle. The presence of one or more of the eligible circumstances does not necessarily mean that the building cannot meet performance requirements. For example, even with a change in building ownership, it may be possible to implement energy efficiency improvements before or after the transfer. On the other hand, a building owner with financial distress may have applied for a grant to pay for energy efficiency improvements but will not receive funding until too late in the Cycle to meet the compliance deadline, demonstrating practical infeasibility. DOEE makes determination of practical infeasibility based on the evidence submitted by the building owner when requesting a delay. DOEE will consider whether there are circumstances beyond the control of the building owner that: a) would impose a significant burden on the building’s ability to meet the energy performance requirements during the Compliance Cycle, OR b) render compliance not possible without significant burden that could be avoided if a delay is approved.
The building owner must provide a narrative that clearly connects the submitted documents to demonstrate that BEPS implementation is practically infeasible without additional time. DOEE will also consider whether additional requirements are needed to accompany a potential delay to ensure the building is moving toward compliance with its Standard.

Extended Delay Milestone Plan Attachment

Along with the Delay of Compliance Request form, building owners must propose a plan for how they will achieve compliance with the energy performance and reporting/verification requirements in the extended timeline through submission of the Extended Delay Milestone Plan through the Portal, along with any supporting documentation.

See Section 5.3.2.4 of the BEPS Guidebook for the formatting and information requirements of the proposal for the Extended Delay Milestone Plan.

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