News & Publications

BER Certificates
July 2008

Since the introduction of the European Communities (Energy Performance of Buildings) Regulations 2006 [SI 666 2006] in January 2007 a Building Energy Rating Certificate, ("BER Certificate")is required for the following:

1. New dwellings that have applied for and have been granted planning permission on or after 1 January 2007,
2. New non-residential buildings that have applied for and have been granted planning permission on or after 1 July 2008 and
3. Existing buildings when let or sold on or after 1 January 2009.

These operative dates will not apply to new dwellings for which planning permission is sought on or before 31 December 2006 and that are substantially completed by 30 June 2008 or to new non-residential buildings for which planning permission is sought on or before 30 June 2008 and that are substantially completed by 30 June 2010 (except where such a building is offered for a second or subsequent sale/letting).

The BER Certificate details the energy consumption of the premises. Each dwelling is rated by a Sustainable Energy Ireland registered assessor. The Building Energy Rating is expressed in the form of performance bands and the BER Certificate must be accompanied by an advisory report. The Certificate is valid for up to ten years unless there is a material change to the building. A person who is required to produce a BER Certificate and advisory report under the regulations, warrants that these correspond to the current BER record for the building on the BER register.

Where a building is being offered for sale or letting on the basis of plans and specifications, a provisional BER Certificate must be available. A provisional BER Certificate lapses on completion of the building or after 24 months, whichever is sooner. On completion of construction a full BER Certificate and relevant advisory report must be provided to the purchaser or tenant prior to taking occupancy of the building. This full BER Certificate is supplied by the seller or landlord of the property.

Failure to comply with the regulations has serious ramifications for any party involved in the conveyancing process. A person commits an offence if they contravene any part of the regulation. This includes selling or letting a building without a BER Certificate, making a false or misleading statement or a statement that is false in a material fact or fail to disclose a material fact, altering or defacing a BER Certificate and related advisory report. The penalty for all of the above offences on summary conviction is a fine not exceeding €5,000.00.