What are the BER Implementation Dates in Ireland?
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.
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 an existing dwelling. A BER certificate must accompany an offer to sell or let an existing dwelling by the vendor or by the landlord or by their agent (e.g. auctioneer, estate agent, solicitor).
What happens if a BER shows that a new dwelling does not comply with Part L of the Building Regulations?
Brennan Energy Assessors are required to advise their client that they appear to be in
breach of Regulations, explain the issues that have resulted in the apparent breach,
encourage them in as strong terms as possible to rectify issues. We will also advise our client
that the new owner will have a right of access to this information.
What Will Happen if I Fail to Obtain a BER for My Dwelling as Required by Law?
You will be liable, on conviction in the District Court, to a maximum fine of €5,000. Also, 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.
How Long will a BER Remain Valid?
A BER for a building is valid for 10 years from date of issue. However if there is a material change in the building in the meantime which could affect its energy performance e.g. an extension to the building or a change in the heating system, the BER will have to be revised and re-issued
I Am Not Buying/Selling a Building, Does this BER Requirement Affect Me?
No. The BER requirement only applies to buildings that are being sold or rented.
My Home Doesn’t Need a Rating, Can I Get One Done Anyway?
Yes. However Brennan Energy Assessors can only submit a voluntary BER to SEI for
a new dwelling provided that:
- The dwelling is rated off plans (as constructed drawings and specifications) and the
rating is not based on a survey
- The dwelling has not yet been occupied
However if you do not comply with the above and you want to get a BER assessment done for your dwelling to ascertain the energy rating, Brennan Energy Assessors can still carry out an Assessment the result however can not be uploaded onto the national database, therefore you will not get an official BER Certificate for your dwelling.
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.
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 an existing dwelling. A BER certificate must accompany an offer to sell or let an existing dwelling by the vendor or by the landlord or by their agent (e.g. auctioneer, estate agent, solicitor).
What happens if a BER shows that a new dwelling does not comply with Part L of the Building Regulations?
Brennan Energy Assessors are required to advise their client that they appear to be in
breach of Regulations, explain the issues that have resulted in the apparent breach,
encourage them in as strong terms as possible to rectify issues. We will also advise our client
that the new owner will have a right of access to this information.
What Will Happen if I Fail to Obtain a BER for My Dwelling as Required by Law?
You will be liable, on conviction in the District Court, to a maximum fine of €5,000. Also, 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.
How Long will a BER Remain Valid?
A BER for a building is valid for 10 years from date of issue. However if there is a material change in the building in the meantime which could affect its energy performance e.g. an extension to the building or a change in the heating system, the BER will have to be revised and re-issued
I Am Not Buying/Selling a Building, Does this BER Requirement Affect Me?
No. The BER requirement only applies to buildings that are being sold or rented.
My Home Doesn’t Need a Rating, Can I Get One Done Anyway?
Yes. However Brennan Energy Assessors can only submit a voluntary BER to SEI for
a new dwelling provided that:
- The dwelling is rated off plans (as constructed drawings and specifications) and the
rating is not based on a survey
- The dwelling has not yet been occupied
However if you do not comply with the above and you want to get a BER assessment done for your dwelling to ascertain the energy rating, Brennan Energy Assessors can still carry out an Assessment the result however can not be uploaded onto the national database, therefore you will not get an official BER Certificate for your dwelling.
Legislation