Ans.1 BER what is it ?

A BER is similar to the energy label for a household electrical appliance like your fridge. The label has a scale of A-G. A-rated homes are the most energy efficient and G the least efficient.

A BER certificate will be compulsory for almost all new homes by mid 2008. If you are buying or renting a new house or apartment now, you may already be entitled to a BER - so do ask the seller/landlord or their agent for it.

From the 1st of January 2009 a BER certificate will be compulsory for all homes being sold or rented. BERs will be carried out by specially trained BER assessors, registered by Sustainable Energy Ireland (SEI). A list of BER Assessors is available on the SEI website .

It is an offence for persons not registered with SEI as BER assessors to purport to carry out a BER assessment service for the purposes of the Regulations.

Ans.2 What Does the BER Certificate Look Like ?

BER is based on primary energy demand and the BER scale ranges from “A1” (most efficient) to “G” (least efficient). To see what each band relates to in terms of primary energy, download a copy of a BER Certificate here .

Ans.3 Why is There a Need for Building Energy Rating (BER) ?

Building Energy Rating (BER) is a requirement of the EU Directive on the Energy Performance of Buildings (2002/91/EC of 16 December 2002), which has now been transposed in Ireland by the European Communities (Energy Performance of Buildings) Regulations 2006 (S.I. No. 666 of 2006)

BER will make the energy performance of the building visible. For the first time, this will allow buyers and tenants to take energy performance into consideration in their decision to purchase or rent a building.

Overall, the message in a market context is: “information is power”. BER is about equipping the consumer with information and the consequent power to act in their own best interests.

Ans.4 What are the BER Implementation Dates in Ireland ?

The requirement to provide a BER is being introduced on a phased basis as follows:

New dwellings: The regulations apply to new dwellings for which planning permission was applied for on or after 1st January 2007. Transitional BER exemptions will apply to new dwellings for which planning permission is applied on or before 31st December 2006, where the new dwellings involved are substantially completed on or before 30th June 2008. New Non-Domestic Buildings: The regulations apply to new non-domestic buildings for which planning permission was applied for on or after 1st July 2008. Transitional BER exemptions will apply to new non-domestic buildings for which planning permission is applied on or before 30th June 2008 provided the new non-domestic buildings involved are substantially completed by 30th June 2010.

Existing Buildings: (dwellings and other buildings) when offered for sale or letting on or after 1st January 2009. Large Public Service Buildings: A public body shall, in relation to a large building occupied by it on or after 1 January 2009, secure and display a BER certificate in a prominent place clearly visible to the public.

Ans.5 Why Has the Introduction of BERs Been Phased ?

• A period 3 years (2007-2009) is required to allow the phasing of: development and delivery of training programmes for BER assessors to enable their formal registration;

• development and adoption of BER certificates and related advisory reports setting out recommendations regarding cost effective energy conservation improvement options;

• development and adoption of methodologies for the calculation of energy performance for new and existing buildings;

• development of appropriate software and hardware systems to enable BER assessors to produce BERs;

• development of a central administration system capable of handling in excess of 150,000 BERs per annum in the case of housing transactions alone, and of generating national data on the results of BER activity.

Ans.6 What Building Categories are Exempt from BER ?

What Building Categories are Exempt from BER? The following building categories are exempt from BER, as permitted by the EPBD: • national monuments; • protected structures; • places of worship or buildings used for the religious activities of any religion; • certain temporary buildings; • non-residential industrial or agricultural buildings with a low installed heating capacity (less than 10 W/m2); • stand alone buildings with a small useful floor area (less than 50m2).

Ans.7 When Does the Obligation to Produce a BER Arise ?

1) 1st January 2007: Newly constructed dwelling for which planning permission was applied for on or after 1.1.2007. • When the new dwelling is offered for sale “off plans”: a provisional BER certificate must be produced by the vendor to potential buyers or tenants, based on the pre- construction plans; and when the same new dwelling is completed, a BER certificate must be supplied to the purchaser, based on the plans of the dwelling as constructed (to take account of any design changes during construction. • When a the new dwelling is built for a specific owner-occupier: A BER certificate must be procured by the person commissioning the dwelling, prior to taking up occupation of the dwelling. (2) 1st January 2009: Sale or letting of ALL dwellings • A BER certificate must accompany an offer to sell or let a dwelling by the vendor or by the landlord or by their agent (e.g. auctioneer, estate agent, solicitor).

Ans 8: What Will Happen if I Fail to Obtain a BER for My Dwelling as Required by Law ?

• If you fail to comply with a BER requirement you will be liable, on conviction in the District Court, to a maximum fine of €5,000. Failure to secure a BER certificate at the proper time could hinder or delay the legal completion of a sale or letting or a future disposal of the relevant dwelling.

Ans 9: Is There a Danger that the BER Requirement Will Delay Property Transactions ?

• The phased introduction of the implementation of the BER system should ensure that there is an adequate supply of registered BER assessors to meet the service demand that will arise when each phase is made mandatory. • There should be a turnaround time for production of a BER for dwellings - from the date of first communication by the vendor, lessor, or agent to a registered BER assessor. The BER assessor will submit the results to the BER administration system for lodging on the BER register, and then be able to generate the BER certificate and advisory report for issuing to the client.

Ans 10: Who Can Carry Out the BER?

BER assessments are carried out by registered BER assessors who have trained under the National Framework of Qualifications and have registered with SEI. A list of registered BER assessors is available on the the SEI website . BER assessors must meet requirements set by SEI, including the signing up to a Code of Conduct. It is an offence for persons not registered with SEI as BER assessors to purport to carry out a BER assessment service for the purposes of the Regulations.

Ans 11: Who Pays the Cost of a BER Certificate ?

Any fee for a BER for a dwelling will be payable by the owner (directly or through their agent) and is responsible for any fees payable to the BER assessor.

Ans 12: What Happens if a Building Gets a Relatively Low BER?

There is no legal penalty for getting an inferior BER (e.g. “D1” as against “B1”) for a dwelling. However, new dwellings must comply with the “Conservation of Fuel and Energy” provisions of the Building Regulations. The impact of a lower BER on the marketability of dwellings offered for sale or letting will depend on overall housing demand, other factors such as the location of the dwelling, and the availability/price of domestic fuels.

Ans 13: What Can Be Done to Improve a BER ?

The advisory report which accompanies the BER certificate will contain recommendations on how to improve the energy performance of the dwelling. This may encourage the carrying out of energy performance improvement works either: (i) before the sale or letting of the dwelling, in order to improve the BER/ marketability; or (ii) after the sale by the purchaser of the dwelling, in order to reduce home heating bills and/or improve home comfort. Building energy performance options might include measures such as: • insulating the hot water cylinder and pipework; • increasing the insulation in the walls/attic/floor; • installing advanced energy efficient glazing; • measures to achieve controlled healthy ventilation; • replacing an old or inefficient boiler with a more efficient boiler; • installing modern heating controls; • installing certain types of renewable energy heating systems. For this reason, the advisory report will be a key document. It may be particularly useful to those who have just purchased an existing dwelling which they plan to improve or remodel in their early stages of occupation.

Ans 14: How Long will a BER Remain Valid ?

A BER for a building will be valid for 10 years from the date of its being issued, unless there is a material change in the building in the meantime which could affect its energy performance – for example an extension to the building, a significant change to the building fabric or a change in the heating system or fuel used. Therefore if a property which has received a BER is placed on the market within 10 years of that BER being issued, and the property has experienced no relevant alteration in the meantime, then that same BER may be used by the building owner for the purposes of meeting their obligations under the Regulations.

Ans 15: How Will BER of New Dwellings be Carried Out ?

The person or organisation building the new dwelling will engage a BER assessor to carry out the BER. All BER assessors will be required to follow a standardised procedure using an approved calculation methodology. Normally a BER certificate and advisory report will be issued by the BER assessor on the basis of the plans and specifications of the new dwelling “as constructed”. In the case of new homes being sold (or let) “off the plans”, a provisional BER assessment may be carried out on the basis of the plans and specifications for the intended dwelling in which case a provisional BER certificate and advisory report will be issued by the BER assessor. However, a BER certificate must subsequently be issued when the dwelling is completed, which take must account of any relevant variations made to the details of the new dwelling during the construction phase. A need for provisional BER certificates is normally expected to arise only in the case of group housing developments, in estate or apartment form. A provisional BER certificate lapses on completion of the dwelling or after 24 months, whichever is the sooner.

Ans 16: How will the BER of Existing Dwellings be carried out ?

A BER of an existing dwelling being offered for sale or letting on or after 1 January 2009 must be carried out by a BER assessor, at the expense of the vendor or landlord - who must provide the resulting BER certificate and advisory report to prospective buyers/tenants. The BER assessor will normally survey the dwelling to record, for example, the size of the dwelling, the construction, the insulation levels, the types of windows, the ventilation features, details of the heating and hot water systems, etc. This information will then be used to calculate the energy performance of the dwelling and to give it an energy rating. All BER assessors will be required to follow a standardised procedure using an approved survey and calculation methodology to arrive at a rating.

Ans 17: What Impact Will BER Have on Irish Householders ?

BERs will mean that anyone buying a house will be able to check the energy performance of the house and get an indication of the annual running costs. Therefore it will allow people to take energy costs into consideration in their purchasing decisions. This is becoming more and more important as energy costs are increasing all the time. BERs will allow house hunters to compare the energy performance of two different houses on an equal scale. It will allow you to compare two house that on the surface appear very similar such as two 3 bed semi d’s or equally two very different houses, such as a 2 bed apartment and a 5 bed house. The advisory report that will accompany a BER Certificate will provide information to homeowners on how to improve the energy performance of their property and thereby its comfort and affordability, and enhancing its value and sustainability. SEI expects that BER will ultimately improve energy awareness in the property market both for home buyers and developers and this awareness can be expected over time to place a somewhat higher value on more energy efficient properties, and by implication to encourage/ provoke owners of less energy efficient properties to take steps to upgrade them.

Ans 18: What Impact Will BERs Have on Owners Selling or Renting a Building ?

The regulations apply to new dwellings for which planning permission was applied for on or after 1st January 2007, new non domestic buildings for which planning permission was applied for on or after 1st July 2008, and to Existing Buildings (dwellings and other buildings) when offered for sale or letting on or after 1st January 2009. A person wishing to sell or rent a building will be required to get an energy rating carried out and to provide prospective buyers or tenants with this information. This will increase awareness of energy performance as a factor in the property market. Those with better rated buildings i.e. more energy efficient buildings will be motivated to highlight this as a positive selling point while those with poorer rated buildings may be motivated to upgrade their buildings as set out in the advisory report. It is expected that investments in the energy performance of buildings will benefit building owners and users in terms of improved comfort, lower energy running costs and possibly higher property values. Over time it can be expected to contribute to a change in market behaviour, which will ultimately improve the energy efficiency of the national building stock and collectively, over time, these market activities could result in an environmental protection benefit in terms of a reduction in CO2 emissions from Ireland's national building stock.

Ans 19: What locations has IBERCON carried out BER Assessments ?

IBERCON has so far carried out assessments in the counties of Meath, Dublin, Louth, Cavan, Westmeath, Laois, Monaghan, Kildare, Kilkenny, Carlow, Tipperary, Wexford & Waterford. We have carried out assessments in the following large towns in the counties mentioned above Meath - Ashbourne, Ratoath, Navan, Trim, Dunshaughlin, Slane Dublin - Swords, Balbriggan, Tryrellstown, Finglas, Skerries, Blanchardstown, Castleknock, Santry, Beaumont, Artane, Marino, Donnycarney, Rathfarnham, Lucan, Donaghmede, Cabra, Hollystown, Garristown, Lusk, Kinsealy, Skerries, Whitehall Louth – Drogheda, Dundalk, Collon, Ardee, Castlebellingham, Dunleer, Termonfeckin, Cavan – Mullagh, Shercock, Virginia, Bailieborough, Ballyconnell, Ballyjamesduff, Belturbet, Cootehill, Cavan Town, Killeshandra, Kilnaleck, Kingscourt. Westmeath – Athlone, Castlepollard, Delvin, Kilbeggan, Kinnegad, Moate, Mullingar, Rochfortbridge, Tyrellspass. Laois – Abbeyleix, Mountmellick, Mountrath, Portarlington, Portlaois, Rathdowney. Monaghan – Carrickmacross, Castleblaney, Clones, Monaghan. Kildare – Athy, Castledermot, Celbridge, Clane, Kilcullen, Kildare, Leixlip, Maynooth, Nass, Newbridge, Rathangan, Sallins, Kilkenny – Callan, Kilkenny, Paulstown, Carlow – Carlow, Tullow Wexford – Enniscorthy, New Ross, Rosslare, Wexford Town Waterford – Dungarvan, Dunmore East, Ferrybank, Kilmacthomas, Kilmeaden, Portlaw, Stradbally, Tramore, Waterford City Tipperary – Cahir, Cashel, Carrick on Suir, Clonmel, Nenagh, Tipperary Town

Ans 20: Is the Building Energy Rating (BER) like an NCT for the house ?

No. Unlike your car which by law needs to meet minimum standards for road worthiness and emissions control, the BER is only a rating of a home's energy efficiency. The homeowner looking to sell or rent is under no obligation at this time to make any recommended improvements. That may change in the future with so called ‘Green Laws’ which may levy fines or other penalties in energy deficient homes being sold or rented.

Ans 21: How could I find out the Building Energy Rating (BER)of my house ?

It comes down to an assessment which will determine the efficiency or lack thereof in a houses heating and energy usage. This is important because a home with a poor energy rating has a higher energy consumption thereby further contributing to the ‘greenhouse’ effect and global warming. It will also cost you more to heat your home and stay warm. Remember your mother telling you to close that door and stop heating the outdoors? Kind of like that.

Ans 22: What happens if a BER shows that a new dwelling does not comply with Part L of the Building Regulations ?

All new dwellings must comply with the Building Regulations Including Part L which relates to energy. If a registered BER assessor finds that a new dwelling does not comply with the regulations, he or she is required to advise his/her client that they appear to be in breach of Regulations, explain the issues that have resulted in the apparent breach, encourage them in as strong terms as possible to rectify issues. He or she should also advise his or her client that the new owner will have a right of access to this information.

Ans 23: If outline planning permission is submitted for a dwelling on or before 31 December 2006 does it need a BER when the building is offered for sale or rent ?

Any dwelling that is substantially complete after 30 June 2008, needs a BER when it is offered for sale or rent regardless of when planning permission was applied for. If outline planning permission is applied for on or before 31 December 2006 and the dwelling is substantially completed by 30 June 2008, a BER is not required unless a subsequent planning application is not within the terms of any granted outline permission. If the new planning application date is after 31 December 2006 a BER is required when that dwelling is offered for sale or rent regardless of when the dwelling is completed.

Ans 24: BER Certificate for Public Buildings ?

The format of the Public Display BER Certificate will be published when the benchmarks for buildings in each sector are finalised. Operational ratings are underpinned by a set of benchmarks. The benchmark is necessary to establish an A-G scale.

Ans 25: Public Display BER Methodology

It is anticipated that BER for public display will be calculated by an operational BER methodology. The operational BER quantifies the total actual energy use of the building as measured by meters or other means, and may be normalised for floor area, climatic conditions and occupancy or activity schedule. Operational BER provides information regarding the energy use of the building to the current occupants and can also be used to show improvement over time. It is therefore considered a cost effective and motivational approach to the energy rating of buildings that are not being transacted. Software tools to calculate operational BERs are currently being reviewed; once a decision has been made details will be posted on www.sei.ie/ber As Public Display BERs are required from 2009 onwards, it is likely that the first BERs will be based upon 2008 energy consumption figures.

Ans 26: Quality Assurance

Quality audits are being carried out on an ongoing basis on the BER Scheme All Dwellings as per S.I. No. 666 of 2006 and Section 12 of the BER assessors Code of Practice. As an integral part of the quality assurance program, assessor audits are being carried out in the form both Desk Audits and Documentation & Practice Audits. Desk audits involve the request of substantiation of entries in the assessor published DEAP xml data file to be submitted to SEI for validation. Documentation and Practice audits involve the visit of an auditor to the assessor premises for audit of both the assessors practice and substantiation of DEAP xml data files. Audits to date indicate that assessors are publishing BER assessments in a diligent and professional manner

Ans 27: Is payment of a referral fee by a BER Assessor to a third party (e.g. Estate Agent) considered to breach the Section 6 of the Code of Practice (BER Assessor’s Obligation to Act in an Independent Manner)?

It is considered that the payment of commission by BER Assessors to third parties for referrals would not automatically breach Section 6 of the Code of Practice. However, the level of commission must not be linked to the rating attributed to the house by the Assessor, as this would be a breach of the conflict of interests rule.

Ans 28: What are the functions of a BER Assessor ?

Functions of a BER Assessor • Complete a BER assessment; relevant to the dwelling specifications using DEAP (The Dwelling Energy Assessment Procedure is the official Irish procedure for calculating and assessing the energy performance of dwellings). • Submit the assessment to Sustainable Energy Ireland (SEI), the issuing authority • The BER Certification Label, issued by SEI, is printed by the Assessor. • The BER ‘Detailed Report’ and ‘Advisory Report’ is then given to the client. How is a BER calculated?