There is one exemption from compliance with BEPS requirements. Buildings that are demolished immediately before the beginning of or during a Compliance Cycle are not subject to BEPS after they are demolished as their energy performance is irrelevant. DOEE will review the exemption request and either approve the exemption from BEPS, request more information, or reject the request. When a new building is constructed in the same location, the building will be evaluated for the appropriate BEPS Period.

If the building has not been completely razed, DOEE will consider whether it has been altered to such an extent that it longer meets the definition of a building under 20 DCMR 3599. A building that undergoes a minor or partial renovation will not be exempted, but it may receive baseline adjustments per Guidebook Section 4.4 or a delay of compliance per Chapter 5. A major renovation may only qualify for the exemption if the work during the course of the renovation renders the entire structure incapable of supporting any use or occupancy to the extent that it would no longer meet the definition of a building.

Furthermore, a building or campus that has a reduction of its gross floor area because of a partial demolition during the Compliance Cycle will continue to be subject to the BEPS, even if the new floor area is below the threshold for the BEPS Period. A building is evaluated against the BEPS when the BEPS is established (January 1, 2021, for BEPS Period 1). A subsequent change to the building, if the building continues to exist, does not change its BEPS compliance status for that Period.