Building Energy Rating (BER)

EU (Energy Performance of Buildings) Regulations 2012 S.I. No. 243 of 2012

 S.I. No. 243 of 2012 requires that:

• Building Energy Rating certificates are required (unless otherwise exempt) whenever a building (including dwellings) is offered for sale or letting; newly commissioned buildings require a provisional BER certificate if it is offered for sale or letting sold off plans and must have a valid BER Certificate prior to occupation or use;
• Building Energy Ratings are included in all advertisements for the sale or lease of buildings;
• Display Energy Certificates (DECs) are required in public and privately owned buildings, which are frequently visited by the public and which are above 500 m2 in size (reducing to 250 m2 from 9th January 2015 for public sector buildings frequently visited by the public);
• Owners and agents are required to present BER certificates on demand to Authorised Officers or furnish a reason for failure to obtain same within 28 days.

Enforcement of the above aspects of the regulations is the responsibility of local Building Control Authorities, each of whom may take such steps as are reasonably necessary for the purpose of verifying compliance with the regulations by obligated persons operating within their functional areas. Such steps may typically include, inter alia, requesting copies of BER certificates and advisory reports from Building Owners (or from any agents they may have engaged to act on their behalf) as well as seeking any evidence deemed necessary to demonstrate compliance with the advertising requirements.

SEAI are responsible for the day to day administration of the BER system and have separate enforcement powers as authorized officers under the regulations in respect of their functions.