The Building Energy Rating System was introduced on 1st January 2007 pursuant to the EC Energy Performance of Buildings Regulation 2006 (SI 666/2006), which transposed the Energy Performance of Buildings Directive 2002 (EPBD) into Irish Law. Each home or building will be allocated an energy rating by an independent assessor. A BER certificate issued by Sustainable Energy Ireland (SEI) to the assessor will be required on completion. The BER certificate must be accompanied by an SEI Advisory Report, which contains advice regarding improvements that could be made to the building to increase energy efficiency. SEI has responsibility for maintaining the register of certificates and assessors.
The European Commission adopted the EPBD as result of research, which found almost half of the energy related CO2 emissions result from energy related emissions from buildings. Through improved building standards and renewable energy heating sources, emissions can be reduced substantially. The regulations aim to promote improved energy performance of buildings within the EU.
Article 4 of the Regulations detail the phased implementation dates. This means that most developments over the next year will not be required to have a BER due to the considerable delay between obtaining planning permission and completion of construction. By January 2009 all buildings other than exempted properties (as detailed below) will have to have a BER certificate at close of sale/lease.
The requirement for a BER certificate applies as follows:
1st January 2007
New dwellings. A transitional exemption applies where planning permission was applied for before 31/12/2006 and where new dwellings are substantially completed (i.e. the external walls of the building are completed) before 30/6/2008.
1st July 2008
New buildings, other than dwellings where planning permission has been applied for and grant of planning permission received after 30/6/2008. Transitional exemptions apply where planning permission is applied for before 30/6/2008 and substantially completed by 30/6/2010.
1st January 2009
Buildings of any class in existence at 1/1/2009, when offered for sale or rental. This includes public bodies, which after this date, in relation to large buildings occupied by it, must secure and display a BER certificate in a prominent place clearly visible to the public.
Docklands Development Scheme
In addition, buildings developments under the Docklands Development planning scheme by virtue of section 25 of the Dublin Docklands Development Authority Act 1997 (‘DDDA 1997’) have separate transitional exemptions, although care must be taken if selling or letting for a second time.
The deadline of 1st January 2007 for new dwellings does not apply to a new dwelling in respect of which an application for certification for the purposes of section 24 of the DDDA 1997 was made before 31/12/2006 and substantial work was completed by 30/6/08.
The 1st July 2008 deadline, which applies to new buildings other than dwellings, does not apply where an application for certification under section 25 DDDA 1997 was made on or before 30th June 2008 and substantial works are completed by 30th June 2010 – except where such building is offered for second or subsequent sale or letting.
Any building other than a dwelling, which is an exempted development by virtue of section 25(7)(a)(i) of DDDA 1997 and where substantial work is completed by 30th June 2010 except where such building is offered for a second or subsequent sale or letting.
Exempted Buildings
The regulations do not apply to the following categories of buildings: -
What is a BER?
A BER (Building Energy Rating) is a standard calculation of the energy performance of a building, produced by a qualified SEI-registered assessor (likely to be an architect or engineer) using methods approved by SEI and including a survey of the building where required by direction of SEI. The assessor produces a certificate of energy efficiency. The certificate is similar to the labels currently seen on white-goods whereby the energy rating will be expressed on a colour-coded bar-chart, ranging from a rating of ‘G’ up to an optimum energy efficiency rating of ‘A’. The rating certificate allows perspective purchasers or tenants to compare the energy efficiency of buildings.
The BER Certificate and related advisory report are now vital documents in conveyancing practice and procedure. Subject to the implementation dates, the BER will become as critical and typical as an architect’s certificate of compliance for the conveyancer. According to SEI, a BER for a dwelling should be published on the BER register be produced within two weeks of the Vendor contacting the BER assessor. Once the BER is on the register, the certificate can be issued to the vendor and confirmed online. A BER number is issued which is unique to the property and will display the details on the SEI website. The assessor warrants that the certificate and advisory report correspond to the current BER record for the building on the BER register. The rating and report is valid for 10 years unless there is a material change in the building.
The solicitor for the vendor should advise their client that they must get a BER cert for their property and seek it at an early stage to avoid delays in completion. Failure to comply with a BER requirement can result on conviction in 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.
The solicitor for the Purchaser will have to make pre-contract enquiries to check if a BER is required for the property in question by checking the implementation dates detailed above, and making enquiries from the Vendor’s solicitor.
