MLS Requirements for Sellers & Listing Agents (Disclosure Only)
Effective January 1, 2026, sellers and listing agents marketing a single-family home or duplex in Berkeley are required to comply with BESO MLS disclosure rules, which are actively monitored by the City of Berkeley.
For applicable Berkeley properties, the seller and listing agent must:
- Obtain a Home Energy Score
- Include the Home Energy Score in the MLS Public Remarks
**Enforcement Notice**
Failure to obtain a Home Energy Score and include it in the MLS Public Remarks will result in a $500 non-compliance fee assessed by the City of Berkeley to the seller.
Required Language for MLS Public Remarks
- Single-family homes:
“Home Energy Score of [#].” - Multi-unit buildings:
“Home Energy Score of [#] for [Unit Identifier], [#] for [Unit Identifier].”
BESO Resilience Upgrade Requirement (Separate from MLS Rules)
Under Berkeley’s Building Emissions Saving Ordinance (BESO), sellers must either complete required resilience upgrades prior to sale or defer the obligation to the buyer in accordance with City rules. Qualifying upgrades may include heat pump space or water heating, and electrical panel upgrades among others. These requirements are separate from MLS disclosure obligations and are enforced by the City of Berkeley.
Helpful Resources
- How to include the Home Energy Score on your listing (PDF): https://berkeleyca.gov/sites/default/files/2025-12/BESO_Guide_How_to_Inlcude_the_HES_on_Your_Listing.pdf
- City of Berkeley BESO overview and step-by-step instructions (PDF): https://berkeleyca.gov/sites/default/files/2025-12/BESO-Compliance-Guide-Small-Residential-Buildings.pdf