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Legal Briefing
Cyclists and the Law
 

Building Energy Rating (B.E.R.) Certificates

 

BER Certificates were introduced into Law in Ireland by S.I. No. 666/206 – European Communities (Energy Performance of Buildings) Regulations, 2006 as amended by S.I. No. 229/2008 – European Communities (Energy Performance of Buildings) (Amendment) Regulations 2008.

 

The stated purpose of BER Certificates is to provide standardised information in advance to prospective Tenants and Purchasers of Buildings as to the rating of the energy consumption of that building.  The BER Certificate looks similar to the Form of Energy Rating Certificate on the front of Electrical Household Appliances.

 

 

BER Certificates & The Law

 

A valid BER Certificate (and Advisory Report) must be furnished to a prospective purchaser/tenant of all buildings as of the 1st of January 2009.  The duty to furnish the Certificate is on the Landlord/Vendor and on its Agent.

 

As the Law stands –

 

  • There is no pass/fail mark.
  • There is no obligation to take the steps recommended in the Advisory Report.
  • There is no tax or grant reward or sanction for good/bad ratings.

 

 

When Selling Or Letting Your Property

 

A BER Certificate must be furnished with a Contract for Sale or Letting Agreement.  Accordingly, if you wish to sell or let your property, it is advisable that you obtain a BER Certificate and Advisory Report at the earliest possible date to avoid delays completing the sale or letting of your property.

 

Sustainable Energy Ireland is a State run body which is responsible for maintaining a National Register of BER assessments.   It also is responsible for accreditation of BER Assessors.    The BER Assessment Register can be assessed on line or in their office, by quoting either the MPRN (Meter Point Reference Number – the ESB Meter Number for the building) or the BER Number (a nine digit number on the first BER Certificate for the building).  If you wish to have your property assessed, you may refer to the Register of Assessors on the SEI Website (www.sei.ie) which also sets out the areas of qualifications/expertise and the geographical areas in which the Assessors will work.

 

At present there is no set cost or rate for a BER assessment.  The cost of obtaining an assessment is for negotiation between you and the Assessor. You should ensure that the SEI fee for accepting assessment uploads is included in your Assessor’s fee.

 

 

When Purchasing Or Renting a Property

 

Seek out and raise the issue of a BER Certificate pre Contract or pre Letting.  You will have difficulty in reselling or re-letting a property without a valid BER Certificate.  You should also keep a copy of any Certificate for reference, or details to enable a registered cert to be made available if needed in the future.

 
 
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