Purpose of this article
Explains the two regulation layers Scaler surfaces on the Local Regulations page, benchmarking and Building Performance Standards, what each one requires, and why an asset can fall under one but not the other in the same city.
What this covers
- The difference between benchmarking and Building Performance Standards
- How to read each layer on the Local Regulations page
- Why applicability differs between the two, even in the same city
Two layers, two different obligations
Local building regulations fall into two layers. The Local Regulations page shows both.
Benchmarking is "report your numbers." The city requires building owners to report annual energy and water use, usually through ENERGY STAR Portfolio Manager. The obligation is to disclose. Penalties apply for failing to report, not for how the building performs. Examples: NYC LL84, Boston BERDO benchmarking, Ontario EWRB, California AB802.
A Building Performance Standard is "meet a performance limit." The city sets an emissions or energy threshold the building must stay below, and penalties apply for exceeding it. Limits tighten over time, often toward net zero by 2050. Examples: NYC LL97, Boston BERDO emissions, DC BEPS, Energize Denver, Seattle BEPS.
Most cities introduced benchmarking first, then added a performance standard on top. The two work together: benchmarking produces the data, the performance standard sets the bar that data is measured against.
How each layer appears on the page
Analytics Portal → Portfolio → Regulatory → Local Regulations
The page has two sections:
- Building Performance Standards (BPS), the top section. Shows compliance status, penalty exposure, intensity against the limit, and pathway projection per asset.
- Benchmarking, the bottom section. Shows the ordinance name, the reporting due date, and a
Report Submittedcheckbox per year that you tick once you have filed.
The Benchmarking section has no compliance calculation. It tracks whether a report is due and whether you have submitted it. There is no penalty estimate, because the obligation is to file, not to perform.
Why an asset can be in one layer but not the other
The most common point of confusion: an asset that appears in the BPS section does not necessarily appear in the Benchmarking section, and the reverse. The two regulations are written separately, with different size thresholds and different covered building types.
Always check each layer separately. Do not assume that because an asset is covered by a city's performance standard, it is also covered by that city's benchmarking ordinance, or the reverse.
A few examples of mismatched applicability:
- New York City: a public school of 20,000 sqft appears under LL84 (benchmarking covers Public/Government from 10,000 sqft) but not under LL97 (the performance standard excludes Public/Government).
- Washington, DC: a 30,000 sqft office benchmarks (threshold 25,000 sqft) but is not yet subject to the performance standard (threshold 50,000 sqft).
- Seattle: a public building appears under the performance standard but not under benchmarking.
- Vancouver: a 100,000 sqft multifamily building benchmarks but is not on the BPS overview, because the performance standard does not cover multifamily.
Each regulation is evaluated on its own location, size, and building-type rules.
Multiple ordinances per asset
A single asset can match more than one benchmarking ordinance. For example, a Los Angeles building can be subject to both a state-wide ordinance and a city ordinance. Scaler shows one row per matching ordinance, and you track each deadline separately.
What Scaler tracks automatically
Scaler identifies which benchmarking ordinances apply to each asset from location, size, and property type. Keep these asset fields accurate so the right rows appear:
Country
Postal code(full Canadian postal code for Canadian ordinances; the first letter drives matching)
Gross floor area
Property type
Benchmarking does not require Building Units or energy data, because there is no compliance calculation. That setup is only needed for the performance-standard layer.
Tip: If a portfolio has both layers applicable, complete the BPS setup first. It covers everything benchmarking needs. Then verify each layer separately, because the applicability rules differ.
Where to go next
- Using the Local Regulations page — full walkthrough of both sections
- NYC Local Law 97 (LL97) in Scaler — the performance-standard layer for NYC
- Supported BPS jurisdictions in Scaler — full list of covered performance standards
- Ontario EWRB and benchmarking ordinances in Scaler — the benchmarking layer in detail, including Ontario EWRB