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Building Performance
Standards Compliance

Understanding Which Buildings Must Perform, Not Just Report

Building performance standards represent a shift in what regulators require of existing buildings. For more than a decade, energy ordinances asked owners to measure and disclose consumption. Building performance standards go further by setting energy or emissions targets that covered buildings must actually meet, on a schedule, with potential penalties for falling short. A property can be fully current on its annual benchmarking and still be out of compliance with the performance standard that applies to it. Penalties may be assessed building by building, scaled to both the size of the property and the size of the shortfall. Because targets tighten at each milestone year, a building that falls short once can face a larger assessment at the next one.

Coverage is rarely obvious. Every jurisdiction draws its own lines on building size, property type and timing, and those lines move as ordinances are amended, enforcement dates shift, and new legislation passes. Several standards are also being tested in court, which changes deadlines without changing the underlying obligation to plan for them. For an owner holding assets in more than one market, determining which buildings are covered, what each one has to achieve, and by when is a portfolio-level question rather than a building-level one.

EIA helps owners meet these requirements while capturing any financial incentives attached to the same work, drawing on an established practice in energy benchmarking, building performance and sustainability compliance. By reviewing a portfolio against the standards in force where the assets sit, EIA confirms coverage with the jurisdiction, establishes performance baselines, and identifies the gap between where a building is today and where the ordinance requires it to be. Because compliance may necessitate capital improvements, EIA evaluates the same projects for available tax deductions, utility rebates and incentive programs, so that required work is planned around the funding available to offset it.

Where Standards Are In Force

There are over 15 U.S. jurisdictions requiring compliance today, with many others in the process of instituting a program. Jurisdictions with adopted building performance standards as of fall 2026 are listed below. Where a statewide standard and a local ordinance both apply, a property can be subject to each, under different thresholds, metrics and deadlines.

California
Chula Vista
West Hollywood
Colorado
Statewide
Denver
District of Columbia
Washington, D.C.
Illinois
Evanston
Maryland
Statewide
Montgomery County
Massachusetts
Boston
Cambridge
Newton
Missouri
St. Louis
New York
New York City
Oregon
Statewide
Washington
Statewide
Seattle

Holding property in one of these markets does not by itself create an obligation. Whether a building is covered depends on its size, property type and use, and every jurisdiction sets its own thresholds and its own timeline. EIA can make that determination for a single asset or an entire portfolio.

Additional jurisdictions have adopted benchmarking and audit requirements that do not yet carry performance targets, and others have standards in development. Jurisdiction list based on the Institute for Market Transformation's national comparison of U.S. building performance standards.

How EIA Helps

Portfolio Exposure Review
EIA maps your holdings against adopted standards by jurisdiction and identifies which assets are covered based on size, property type and use. Where coverage is unclear, EIA confirms status directly with the jurisdiction rather than relying on published thresholds alone.
Baseline & Gap Analysis
EIA establishes each covered building's current performance against the metric its jurisdiction uses, whether energy use intensity or greenhouse gas emissions, and quantifies the distance to each interim and final target.
Compliance Pathway & Incentives
EIA coordinates the engineering work required to document a compliance path, prepares and submits the required filings, and evaluates the recommended measures against available tax incentives, rebates and financing programs to reduce the net cost of the work.