Building Energy Rating (BER) Certificates were introduced by The European Communities (Energy Performance of Buildings) Regulations 2006 (SI 666 of 2006) which implemented EU Directive 2002/91/EC on the energy performance of buildings.
Buildings of any class in existence at 1 January 2009 offered for sale or letting on or after 1 January 2009 require a BER certificate. There are also transitional requirements in respect of new dwellings and new non dwellings completing building works prior to 20 June 2010. If you require further information on the transitional requirements contact our Property Department.
Currently the BER certificate must be available to prospective tenants or purchasers when the property is being offered for sale or rent. However on 18th May 2010 the European Parliament approved a recast version of the Directive on the Energy Performance of Buildings. Under the recast directive BER ratings will need to be quoted in advertisements for sale or rent of properties. This will create an onus on vendors, landlords, auctioneers and estate agents to ensure that the energy rating is quoted in any advertisement.
Public authorities occupying buildings of a certain size and some frequently visited commercial buildings will be required to display the rating certificate to the public in the building. The aim behind this provision is that public authorities will be expected to lead by example by aiming to improve the energy efficiency of its buildings and display the efficiency of their buildings.
Ireland will need to transpose the directive into Irish law by 31 December 2010 and fully implement those laws by 31 January 2012 (31 December 2010 in respect of some of the public authority provisions).
For further information on BER certificates generally or the new directive contact our Property Department.