Legislation

Legislation and background for Building Energy Rating (BER) Certificates

January 01 2009 marks a significant date for home-owners and potential buyers as that is the day the new Building Energy Rating (BER) Certificate for all existing buildings comes into effect. This marks the final stage of the implication of the EU Directive 2002/91/EC which aims to promote improvements in the energy performance of buildings. However, most people are unaware of its introduction.

From 1st January 2009, all homes offered for sale or rent will be required by law to have a Building Energy Certificate (BER) certificate, with fines of up to €5,000 for non-compliance.

The idea behind the BER certificate is to encourage energy efficiency and, by spelling out the performance of a building, give potential purchasers or tenants an idea of how energy efficient the property is. Each assessment will ascertain exactly how much energy and carbon a house will use or produce over a given year, and the performance will be rated from A to G. (A indicating the most energy efficient and G the least).

Valid for ten years from the date of issue, the assessment will address space and water heating, ventilation lighting and insulation. Owners will be required to supply a BER certificate when selling or renting a property.

The sole exemptions will be properties that are listed or are of historic or architectural importance. Therefore, the law will affect the vast majority of Irish homeowners.

Any house built since January 2007 already complies with the EU directive and has a BER certificate.

As part of the Energy Performance of Buildings Directive a Building Energy Rating (BER) Certificate, which is effectively an energy label, is required at the point of sale or rental of a building, or on completion of a new building.

The BER Certificate will be accompanied by an "Advisory Report" setting out recommendations for cost-effective improvements to the energy performance of the building. There will be no legal obligation on vendors or prospective purchasers to carry out the recommended improvements.

BER certificates will be published by Sustainable Energy Ireland (SEI) on a public BER Register.

The requirement to provide a BER certificate for a building is being introduced in the following stages.

  • 1st January 2007 - Since this date a Building Energy Rating (BER) certificate is required by law for all new dwellings, a dwelling includes any private residential house or apartment, for which planning permission has been applied for and subsequently granted. The BER certificate must be furnished prior to the dwelling being offered for sale, rental or first occupation of the dwelling.
  • 1st July 2008 – Since this date all new dwellings not 'substantially complete' require a BER certificate.
  • 1st July 2008 – Since this date a Building Energy Rating (BER) certificate will be required by law for all new non-residential buildings for which planning permission is being applied for and subsequently granted.
  • 1st July 2008 – Since this date air tightness testing is required for new dwellings to confirm compliance with part L of the Building Regulations.
  • 1st January 2009 - Since this date a Building Energy Rating (BER) certificate will be required by law for all existing buildings, prior to being offered for sale or rent.
  • The Dwelling Energy Assessment Procedure (DEAP) is the official procedure in Ireland for calculating and assessing the energy performance of dwellings. BER certificates can only be registered with SEI (Sustainable Energy Ireland) when they have been prepared and submitted by SEI Registered Building Energy Assessors.
  • It should be noted that some local authorities require provisional BER certificates to be lodged with the planning application documents for new dwellings.