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.

A BER certificate is compulsory for all new homes since mid 2008. 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.

Since the 1st of January 2009 a BER certificate has become compulsory for all homes being sold, rented or leased.

 

Why is There a Need for Building Energy Rating (BER)?

Building Energy Rating (BER) is a requirement of the EU Directive on the Energy Performance of Buildings (2002/91/EC of 16 December 2002), which has now been transposed in Ireland by the European Communities (Energy Performance of Buildings) Regulations 2006 (S.I. No. 666 of 2006)

 

BER will make the energy performance of the building visible. For the first time, this will allow buyers and tenants to take energy performance into consideration in their decision to purchase or rent a building.

Overall, the message in a market context is: “information is power”. BER is about equipping the consumer with information and the consequent power to act in their own best interests.

 

What are the BER Implementation Dates in Ireland?

The requirement to provide a BER is being introduced on a phased basis as follows:

New dwellings: The regulations apply to new dwellings for which planning permission was applied for on or after 1st January 2007. Transitional BER exemptions will apply to new dwellings for which planning permission is applied on or before 31st December 2006, where the new dwellings involved are substantially completed on or before 30th June 2008.

New Non-Domestic Buildings: The regulations apply to new non-domestic buildings for which planning permission was applied for on or after 1st July 2008. Transitional BER exemptions will apply to new non-domestic buildings for which planning permission is applied on or before 30th June 2008 provided the new non-domestic buildings involved are substantially completed by 30th June 2010.

Existing Buildings: (dwellings and other buildings) when offered for sale or letting on or after 1st January 2009.

Large Public Service Buildings: A public body shall, in relation to a large building occupied by it on or after 1 January 2009, secure and display a BER certificate in a prominent place clearly visible to the public.

 

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 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).

 

What Will Happen if I Fail to Obtain a BER for My Dwelling as Required by Law?

If you fail to comply with a BER requirement you will be liable, on conviction in the District Court, to a maximum fine of €5,000. Failure to secure a BER certificate at the proper time could hinder or delay the legal completion of a sale or letting or a future disposal of the relevant dwelling.

 

Is There a Danger that the BER Requirement Will Delay Property Transactions?

The phased introduction of the implementation of the BER system should ensure that there is an adequate supply of registered BER assessors to meet the service demand that will arise when each phase is made mandatory.

There should be a turnaround time for production of a BER for dwellings - from the date of first communication by the vendor, lessor, or agent to a registered BER assessor. The BER assessor will submit the results to the BER administration system for lodging on the BER register, and then be able to generate the BER certificate and advisory report for issuing to the client.

 

Who Can Carry Out the BER?

BER assessments are carried out by registered BER assessors who have trained under the National Framework of Qualifications and have registered with SEI.

BER assessors must meet requirements set by SEAI, including the signing up to a Code of Practice.

It is an offence for persons not registered with SEAI 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.