Does My Building Need an Oregon BPS Energy Audit?

One of the most common questions building owners and property managers ask is straightforward: does my building actually have to comply with Oregon’s Building Performance Standard? The answer depends on several factors, primarily building size, but also location and building type. Understanding whether your property falls under the BPS mandate is the essential first step in planning your compliance strategy.

The Primary Requirement: Building Size

The fundamental threshold for BPS compliance is simple: buildings 35,000 square feet or larger must comply. This size was selected because it captures the buildings responsible for the majority of energy consumption in Oregon’s commercial real estate sector. A 35,000-square-foot building is roughly equivalent to a mid-size office building, a substantial retail center, or a large multifamily apartment complex.

If your building is smaller than 35,000 square feet, you are not required to comply with the Oregon BPS. However, it’s important to verify this determination carefully. For properties near the threshold—say, a building that is 33,000 or 36,000 square feet—accurate square footage documentation is critical. If you’re uncertain about your building’s exact size, review architectural plans or request official documentation from the county assessor’s office.

Geographic Requirement: Are You in Oregon?

The BPS applies exclusively to buildings located within Oregon state boundaries. If your building is in Washington, California, or Idaho, the Oregon BPS does not apply, regardless of building size. However, if you own properties across multiple states, ensure you understand which ones fall under Oregon’s jurisdiction. Conversely, if you own or manage a property in Oregon, geographic location within the state is not a limiting factor—all Oregon properties meeting the size threshold must comply.

Building Types Covered by BPS

The BPS applies to virtually all building types that meet the size requirement. This includes:

• Commercial office buildings of all sizes and configurations
• Retail centers and shopping centers
• Hotels and hospitality facilities
• Apartment complexes and multifamily residential buildings
• Industrial and manufacturing facilities
• Warehouses with climate control
• Healthcare facilities including hospitals and clinics
• Educational buildings (schools, universities, research facilities)
• Government buildings and civic structures
• Mixed-use properties combining multiple uses

Even if your building’s primary use seems niche or specialized, if it is 35,000 square feet or larger and located in Oregon, it likely falls under the BPS. There are very few exemptions, and those that exist are narrowly defined (such as certain agricultural structures or buildings owned by specific government entities under limited circumstances).

What About Newer Buildings?

The BPS applies to both existing buildings and new construction. Buildings completed before the BPS effective date must comply according to the standard timeline. Buildings constructed after the BPS implementation must meet current energy code requirements in addition to the performance standard. The key point: newness provides no exemption. A newly constructed 50,000-square-foot office building must participate in benchmarking and, when required, complete an ASHRAE Level 2 audit just as an older building would.

Special Circumstances and Exemptions

While most buildings 35,000 square feet and larger must comply, a small number of special circumstances apply:

Agricultural buildings used for farming operations may be exempt under certain conditions, though climate-controlled agricultural facilities typically must comply.

Properties undergoing significant renovation may have different timelines. Buildings undergoing major energy efficiency improvements that cost 50% or more of the building’s replacement value may have modified benchmarking requirements during the renovation period.

Certain government properties owned by federal or tribal authorities may fall under different regulatory frameworks, though most buildings still require participation.

These exemptions are narrow, and the burden is on the property owner to document exemption eligibility. When in doubt, assume your building must comply and verify exemption status with the Oregon Department of Energy.

How to Determine Your Compliance Status

Step 1: Verify Building Size Check your property’s documented square footage. This should be available from property records, architectural plans, or your county assessor’s office. The measurement used for BPS compliance is the building’s total conditioned floor area—the area that is heated, cooled, or otherwise conditioned.

Step 2: Confirm Oregon Location Verify that your property is physically located within Oregon state boundaries. Check your address against a map or property record to be certain.

Step 3: Check Your Building Type Review whether your building type falls within the categories covered by the BPS. As noted, nearly all building types are covered, so this is rarely a limiting factor.

Step 4: Determine Your Compliance Tier Once you’ve confirmed you meet the basic requirements, your building will fall into either Tier 1 (deadline 2028) or Tier 2 (deadline 2030). Tier classification is typically based on building size and energy intensity. Larger buildings generally fall into Tier 1, but your classification will be determined by ODOE based on benchmarking data.

Step 5: Check the Benchmarking Registry The Oregon Department of Energy maintains a benchmarking registry. You can check this registry to confirm whether your building has already been registered, what its current benchmarking status is, and what deadline applies.

What If My Building Just Barely Qualifies?

Buildings just above the 35,000-square-foot threshold face the same compliance requirements as much larger properties. There is no graduated scale based on how close to the threshold a building is. A 35,500-square-foot building must comply just as a 100,000-square-foot building must. This might seem like a fine point, but it’s important for building owners to understand that compliance is binary—you either meet the size threshold and must comply, or you don’t.

Multiple Buildings and Portfolio Considerations

Some property owners manage multiple buildings across Oregon. Each building 35,000 square feet or larger must be evaluated separately. A portfolio might include some properties that must comply and others that don’t. Similarly, portfolio properties with different compliance tiers may have staggered deadlines. Develop a spreadsheet or tracking system for your properties to stay organized and ensure no building falls through the cracks.

Next Steps If Your Building Must Comply

If you’ve determined that your building must comply with the Oregon BPS, the next step is understanding what compliance actually involves. Most buildings will need an ASHRAE Level 2 energy audit, which must be performed by a qualified energy auditor. Understanding the audit process, timeline, and cost is essential for planning.

The good news: you have time to plan. Buildings with 2028 deadlines should begin preliminary steps in 2025 or early 2026. Buildings with 2030 deadlines can proceed somewhat more leisurely, but early action provides significant financial and logistical advantages.

Get Professional Guidance on Your Compliance Status

If you’re uncertain about whether your building must comply, or if you’re navigating complex circumstances such as multiple properties or recent renovations, seeking professional guidance is worthwhile. The cost of a brief consultation with a BPS compliance expert is minimal compared to the risk of missing a deadline or failing to understand your obligations.

Oregon Building Compliance specializes in helping building owners determine their BPS status, understand compliance requirements, and develop effective compliance strategies tailored to their specific properties and financial situations.

If you’re not sure whether your building is subject to the BPS, or if you want to verify your compliance status and understand what comes next, contact Oregon Building Compliance today. We’ll review your building’s details and provide clear answers about your obligations and recommended next steps.