Who needs a BER?
A
seller must provide a BER to prospective buyers or tenants
when a dwelling is offered for sale or rent.
All new homes (even when not for sale) must have a BER
certificate before they are occupied as detailed under
S.I. 666 under http://www.environ.ie/en/Legislation/DevelopmentandHousing/BuildingStandards/
BER assessments performed on new dwellings will also
help determine compliance to Part L of the Building
Regulations.
Who needs a BER for non-domestic buildings?
A Building
Energy Rating (BER) and advisory report is to be supplied
by the owner to a prospective buyer or tenant when a
non-residential building is constructed, sold or rented.
From 1 July 2008 a BER is required for new non-residential
buildings for which planning permission is applied on/after
that date. From 1 January 2009 a BER is required for
existing non-residential buildings, when offered for
sale or rent.
What will happen if I do not get a required BER for my non-domestic building?
Local
authorities are responsible for enforcing the requirements
of Building Energy Rating. The building control section
of a local authority may demand from the owner of a
non domestic building the production of a printed copy
of the BER certificate. If the building owner refuses
or fails to produce without reasonable excuse within
a reasonable timeframe the printed copy of the BER certificate
then an offence is committed. Statutory Instrument No.
666 of 2006 details the requirements regarding the production
of BER certificates.
BER what is it?
A
BER is similar to the energy label for a household electrical
appliance like your fridge. The label has a scale of
A-G. A-rated homes are the most energy efficient and
G the least efficient. From the 1st of January 2009
a BER certificate is compulsory for all homes being
sold or rented. If you are buying or renting a new house
or apartment now, you are entitled to a BER - so do
ask the seller/landlord or their agent for it. All new
homes (even when not for sale) must have a BER certificate
before they are occupied as detailed under S.I. 666
under http://www.environ.ie/en/Legislation/DevelopmentandHousing/BuildingStandards/
BER
assessments performed on new dwellings will also help
determine compliance to Part L of the Building Regulations.
BERs will be carried out by BER Assessors, registered
by Sustainable Energy Ireland (SEI). It is an
offence for persons not registered with SEI as BER Assessors
to purport to carry out a BER assessment service for
the purposes of the Regulations.
What Does the BER Certificate Look Like?
BER
is based on primary energy demand and the BER scale
ranges from “A1” (most efficient) to “G”
(least efficient). To see what each band relates to
in terms of primary energy, download a copy of a BER
Certificate here.
What Building Categories are Exempt from BER?
The following building
categories are exempt from BER, as permitted by the EPBD:
-
national monuments;
-
protected structures;
-
places of worship or buildings used for the religious
activities of any religion;
-
certain temporary buildings;
-
non-residential industrial or agricultural buildings
with a low installed heating capacity (less than 10
W/m2);
-
stand alone buildings with a small useful floor area
(less than 50m2).
When Does the Obligation to Produce a BER Arise?
1)
1st January 2007: Newly constructed dwelling for which
planning permission was applied for on or after 1.1.2007.
•
When the new dwelling is offered for sale “off
plans”: a provisional BER certificate must
be produced by the vendor to potential buyers or tenants,
based on the pre- construction plans; and when the same
new dwelling is completed, a BER certificate must be
supplied to the purchaser, based on the plans of the
dwelling as constructed (to take account of any design
changes during construction
• When a the new dwelling is built for a specific
owner-occupier: A BER certificate must be procured by
the person commissioning the dwelling, prior to taking
up occupation of the dwelling.
(2) 1st January 2009: Sale or letting of ALL dwellings
•
A BER certificate must accompany an offer to sell or
let a dwelling by the vendor or by the landlord or by
their agent (e.g. auctioneer, estate agent, solicitor).
(3)
All new homes (even when not
for sale) must have a BER certificate before they are
occupied as detailed under S.I. 666 under http://www.environ.ie/en/Legislation/DevelopmentandHousing/BuildingStandards/
BER assessments performed on new dwellings will also
help determine compliance to Part L of the Building
Regulations.
Who Can Carry Out a BER?
BER
assessments are carried out by registered BER Assessors
who have trained under the National Framework of Qualifications
and have registered with SEI. A list of registered BER
Assessors is available on the the SEI website .
BER
Assessors must meet requirements set by SEI, including
the signing up to a Code of Practice
It
is an offence for persons not registered with SEI as
BER Assessors to purport to carry out a BER assessment
service for the purposes of the Regulations.
How Long will a BER Remain Valid?
A
BER for a building will be valid for 10 years from the
date of its being issued, unless there is a material
change in the building in the meantime which could affect
its energy performance – for example an extension
to the building, a significant change to the building
fabric or a change in the heating system or fuel used.
Therefore
if a property which has received a BER is placed on
the market within 10 years of that BER being issued,
and the property has experienced no relevant alteration
in the meantime, then that same BER may be used by the
building owner for the purposes of meeting their obligations
under the Regulations.
What Impact Will BERs Have on Owners Selling or Renting a Building?
The
regulations apply to new dwellings for which planning
permission was applied for on or after 1st January 2007,
new non domestic buildings for which planning permission
was applied for on or after 1st July 2008, and to Existing
Buildings (dwellings and other buildings) when offered
for sale or letting on or after 1st January 2009. A
person wishing to sell or rent a building will be required
to get an energy rating carried out and to provide prospective
buyers or tenants with this information. This will increase
awareness of energy performance as a factor in the property
market. Those with better rated buildings i.e. more
energy efficient buildings will be motivated to highlight
this as a positive selling point while those with poorer
rated buildings may be motivated to upgrade their buildings
as set out in the advisory report.
It
is expected that investments in the energy performance
of buildings will benefit building owners and users
in terms of improved comfort, lower energy running costs
and possibly higher property values. Over time it can
be expected to contribute to a change in market behaviour,
which will ultimately improve the energy efficiency
of the national building stock and collectively, over
time, these market activities could result in an environmental
protection benefit in terms of a reduction in CO2 emissions
from Ireland's national building stock.
What are the legal implications
for non compliance?
There
is a maximum fine of up to €5,000 for not getting
a Building Energy Rating when required.
|
