Property Size

Non-residential buildings that are 20,000 Sq. Ft. or larger.

Residential buildings with 15 or more units.

Annual benchmarking reporting requires 12 calendar months of whole-building energy, water, and building use data. For example, in 2025, building owners must report 12 months of 2024 data.

May 15, annually. Benchmarking reports must be submitted on an annual basis using the previous year’s data via ENERGY STAR® Portfolio Manager®. This is the EPA’s benchmarking tool that is used for compliance reporting in most ordinances across the country.

Building Performance Standards (BPS) are often considered Phase II of these building energy use ordinances. After reporting your benchmarking data, many ordinances require you to make changes to the building’s operations or equipment to lower energy use over time.

Boston BERDO requires covered properties to meet building emissions standards every 5 years. Emissions targets are set based on building use type and all ultimately lead to net zero emissions from 2050 onwards.

First Compliance Years

• 2025 – Residential buildings with 35 or more units and non-residential buildings 35,000 Sq. Ft. or larger.
• 2030 – Residential buildings 15-34 units and non-residential buildings 20,000 to 34,999 Sq. Ft.

Compliance Periods

• 2025-2029
• 2030-2034
• 2035-2039
• 2040-2044
• 2045-2049
• 2050 onwards (net zero emissions for all buildings)

Third-party data verification requires owners/managers of covered buildings to hire a third-party expert who will independently review and verify the building’s benchmarking data.

Under Boston BERDO, data verification is required in the following years.

• 2026 (calendar year 2025 data)
• 2031 (calendar years 2026-2030 data)
• 2036 (calendar years 2031-2035 data)
• 2041 (calendar years 2036-2040 data)
• 2046 (calendar years 2041-2045 data)

Failure to comply with Boston BERDO reporting requirements may result in the following fines:

• $150 per day for non-residential buildings between 20,000 and 35,000 Sq. Ft. or residential buildings between 15-35 units.
• $300 per day for non-residential buildings 35,000 Sq. Ft. or larger or residential buildings 35 units or more.

Failure to comply with Boston BERDO emissions standards may result in the following fines:

• $300 per day for non-residential buildings between 20,000 and 35,000 Sq. Ft. or residential buildings between 15-35 units.
• $1,000 per day for non-residential buildings 35,000 Sq. Ft. or larger or residential buildings 35 units or more.

Additionally, failure to report accurate information can result in a fine between $1,000 and $5,000.

Buildings that cannot meet emissions targets can make alternative compliance payments equivalent to $234 per metric ton of CO2e in excess of its performance target.

CONTACT US HERE to learn more and get started with compliance.

Boston Building Emissions Reduction and Disclosure Ordinance (BERDO) compliance can be confusing and hard to navigate. Bringing on a consultant like VCA Green streamlines the entire process while ensuring accurate reporting. We also offer free consultations with our benchmarking clients to review the reports and identify inefficiencies to improve.

Ordinances such as Boston Building Emissions Reductions and Disclosure Ordinance (BERDO) are already in effect across the country, and deadlines are rapidly approaching. Retrieving historical building data will take time, especially when coordinating with property managers and utilities.

Waiting until the last minute risks missing compliance windows resulting in fines and enforcement penalties. VCA Green takes every measure to ensure complete and accurate data collection. The sooner you reach out, the sooner you will reach compliance.

BEUDO violations will result in:

• A written warning for first violation

• Fines of $300 per violation, per day for any subsequent violations

  • Each day that a property remains in violation will be considered a separate offense

These penalty guidelines apply individually to all aspects of the ordinance including, benchmarking, data verification, and emissions reduction requirements.