New BER Regulations

New BER Regulations

New regulations concerning the energy performance of buildings (S.I. 243 of 2012 EU (Energy Performance of Buildings) Regulations 2012) came into force on 9 January 2013 and revoked the previous regulations governing energy performance of buildings.  The regulations provide for:

• the introduction of Alternative Energy Systems in new and renovated buildings;
• the display/production of energy performance indicators/BER Certificates and accompanying advisory reports in advertisements/offering of buildings for sale or letting;
• the administration of the BER system including but not limited to the appointment of BER Assessors, conduct of the BER assessment and the maintenance of a BER register; and
• enforcement of the regulations.

Save for the specific exemptions set out in the regulations, the regulations apply to all buildings including private dwellings and public buildings.  The regulations apply to any person who offers a building for sale or letting and also apply to agents. The regulations define "agent" as including estate agents, sales agents, letting agents and solicitors.  This is not an exhaustive list and any person who could be deemed to be holding themselves out as acting as an agent of the person could fall within the ambit of the regulations.

The regulations provide that where a building is offered for sale or letting:

• a printed copy of the BER Certificate and advisory report is produced to any person expressing an interest in purchasing or taking a letting of the building; and
• the energy related performance indicator of the current BER Certificate for the building must be stated in any advertisements relating to the sale or letting of that building. The regulations also set down provisions specific to new buildings which are offered for sale or letting during the course of their construction and therefore are relevant to sales and lettings offered "off the plans".  Large buildings being occupied by public bodies must have a Display Energy Certificate displayed in a prominent place.

The regulations enable a Building Control Authority to demand from owners and agents evidence demonstrating compliance with the provisions of the regulations.  A person who contravenes any of the regulations is guilty of an offence.  Non-compliance with the regulations could result in a fine of up to €5,000 and/or up to 3 months in prison.

For more information please contact a member of our Property Team or your usual contact in Byrne Wallace Shields LLP