BER Assessments

Implementation Dates

BERs are required in the following circumstances:

New Dwellings

A person offering a new dwelling for sale or letting (whether in writing or otherwise) is required to produce a copy of the BER to the building control authority for the area on demand and to any person expressing an interest in purchasing or renting the relevant building.

New Non-Residential Buildings

A person who offers a new building other than a dwelling, for sale or letting will be required to produce a copy of the BER to the building control authority on demand and to any person expressing an interest in purchasing or renting the relevant building if planning permission was applied for on or after 1st July 2008. Transitional BER exemptions will apply to new non-domestic building for which planning permission is applied for on or before 30th June 2008 provided the new non-domestic buildings involved are substabtially completed by 30th June 2010.

Existing Buildings (Dwellings and Non-Residential Buildings)

A person or their agent who offers a new or existing building for sale or letting on or after 1st January 2009 is required to produce a copy of the BER to the building control authority on demand and to any person expressing an interest in purchasing or renting the relevant building.

Therefore all buildings offered for sale, lease or rent now require a BER certificate as well as new build owner occupied buildings.

Exempted Buildings:

Full details of exempt buildings can be found on the SEI website (www.sei.ie) and include the following:

• A new building other than a dwelling, for which planning permission is applied for or a planning notice was published on or before 30th June 2008 and is substantially completed on or before 30th June 2010 except where such a building is being offered for a second or subsequent letting
• National Monuments
• Protected Structures
• Buildings used as places of worship
• Temporary Buildings
• Non-Residential Agricultural buildings with an installed heat capacity that does not exceed 10W/m2
• Stand alone buildings with a total floor area less than 50m2

Offences:

The European Communities (Energy Performance of Buildings) Regulations 2006 (S.I. No. 666 of 2006), provide that certain actions in respect of BERs are offences punishable by a fine not exceeding €5000:

"Failure by the owner of a building or the agent of such owner to produce and allow inspection by a building control authority or an authorised officer therof of within 28 days a printed copy of a BER certificate required in respect of that building by the regulations."

"Making a statement for the performance of his or her functions to a BER assessor, to SEI, or to an authorised officer that he or she knows to be false or misleading in a material particular or recklessy making a statement that is false or misleading in a material particular."

"Failing to disclose a material particular to a BER assessor, to SEI, or to an authorised officer for the performance of their functions."

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