Building Energy Rating

Originally Publish February 2009

INTRODUCTION

A Building Energy Rating Certificate ("a BER") shows

the energy performance, C02 emission and approximate

running cost of a building. It is similar to the energy rating

found on new electrical items such as fridges, microwaves, cookers

etc. The rating is expressed in performance categories ranging from

'A' (most efficient) to 'G' (least efficient).

A BER is a requirement of the EU Energy Performance of Buildings

Directive (2002/91/EC of 16 December 2002) which was transposed

into Ireland by the EC (Energy Performance of Buildings)

Regulations 2006 (SI No 666 of 2006) ("the Regulations").

Sustainable Energy Ireland ("SEI") have responsibility

under the Regulations for the implementation of the practical

aspects of the BERs including the registration of BER Assessors,

maintaining a register of assessments and collecting registration

fees.

WHO IS RESPONSIBLE FOR FURNISHING A BER?

A BER and the accompanying Advisory Report must be furnished to

any person expressing an interest in purchasing or leasing a

building by "a person who offers for sale or letting... a

building" and the obligation extends to "any agent acting

on behalf of such person...". The vendor/landlord of a

property which is offered for sale or lease is the person

responsible for furnishing a BER. However, where the

vendor/landlord fail to furnish a BER where required, the

obligation will extend to the "agent" of the

vendor/landlord to ensure that a BER has been furnished.

An "agent" in this context would appear to include an

estate agent or solicitor acting in a property transaction. The

Conveyancing Committee of the Law Society of Ireland have advised

solicitors that if a client has not obtained a BER by the time a

solicitor is instructed in a sale/lease, then such client will have

to be told by his solicitor that contract/lease documentation

cannot be sent out until such time as a BER is obtained.

WHEN SHOULD A BER BE FURNISHED?

BER requirements were introduced on a phased basis since 2007.

Since 1 January 2009, a BER is now required when any

building is being offered for sale or rent, save for

certain exempted buildings such as national monuments and protected

structures, full details of which are listed in the

Regulations.

A BER must be furnished to a potential purchaser/tenant at the

time that a property is offered for sale or rent and therefore

before the Contract for Sale or Agreement for Lease/Lease is

executed and exchanged...