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1 |
What is a BER Certificate? |
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2 |
What does a BER Certificate look like? |
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When
is a BER Certificate legally required? |
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4 |
Are any buildings exempt from BER? |
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5 |
What are the legal implications for non compliance? |
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6 |
Who can carry out the BER? |
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7 |
What
are the benefits? |
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8 |
Can my property fail an audit? |
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9 |
What happens if my home gets a low rating? |
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10 |
How can I improve my Energy Rating? |
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11 |
How
is it calculated? |
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12 |
Who
pays the cost of BER Certification? |
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13 |
As
a homeowner why should I get a BER carried out? |
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14 |
Where
can I get further information? |
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1 |
What is a BER Certificate?
A Building
Energy Rating Certificate, is a certificate, much like one you
would find on a domestic appliance (e.g. fridge) which labels
a property
with a performance rating, within bands from A1 to G, dependant on
it's efficiency.
A1 being the best rating and G being the poorest.
The BER certificate is valid for 10 years.

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2
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What does a BER Certificate look like?


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When you
receive your certificate, it will denote which band your
property belongs to, as well as describing what level of
CO2 emissions are associated with
your property.

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3
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When is an BER Certificate legally required?
When
a property, either Residential or Commercial, is offered for
sale or rent there is a legal requirement for the property to
have a Building Energy Rating Certificate (BER).
Since the 1st
January 2007 all new dwellings require a BER Certificate prior
to occupancy.
A provisional cert is created from the House drawings and a Final
cert when the home is complete. Since the 1st
of January 2009 when an existing property is offered for
sale or rent there is a legal requirement for the property to have
a Building Energy Rating Certificate (BER).
If you
are a Landlord, with tenants in situ, prior to the 1st of
January 2009, you are not obliged to obtain a BER Certificate.
If those tenants vacate the property and you offer the property
for sale or rent, you will require a BER Certificate.

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Are any buildings exempt from BER?
YES.
The Energy Performance
of Building Directive (EPBD) applies to virtually all properties,
residential and non-residential, both new and existing. Article
3 of S.I. No.666 of 2006 provides exemptions for the following
categories
of buildings: Historical, architectural importance (protected structures),
religious buildings, buildings of low occupancy or size and certain
agricultural buildings.
More specifically:
SI 666 (2006 Exemptions)
The provisions of these Regulations shall not apply to the following
categories of buildings -
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(a) |
a national
monument for the purposes of the National Monuments Acts 1930 to
2004, including a recorded monument under the provisions of Section
12 of the National Monuments (Amendment ) Act 1994 or a registered
historic monument under the provisions of the Section 5 of the
National Monuments (Amendment) Act 1987; or |
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(b) |
a protected
structure or proposed protected structure within the meaning of
the Planning and Development Acts 2000 to 2006; or |
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(c) |
a building
used as a place of worship or for the religious activities of any
religion; or |
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(d) |
a temporary
building as defined in Classes 10 to 13 of the Third Schedule to
the Building Regulations 1997 (S.I. No 497 of 1997); or |
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(e) |
an industrial
building not intended for human occupancy over extended periods
and where the installed heating capacity does not exceed 10 W/m2;
or |
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(f) |
a non-residential
agricultural building where the installed heating capacity does
not exceed 10 W/m2; or
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(g) |
a stand
alone building with a total useful floor area of less than 50m2. |
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Under the
European Communities (Energy Performance of Buildings) Regulations
2006 - 2008 where a building is being sold or rented the building
owner and their agent are required to produce a copy of the BER
Certificate and Advisory Report to prospective buyers or tenants. |
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What are the legal implications for non compliance?
Fines of up
to €5,000
fine for not providing a Building Energy Rating Certificate (BER),
when required.
Please note the following:
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(a) |
An
owner who is selling/renting a house is required under law to produce
a copy of the BER to prospective buyers or tenants.
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(b) |
A
selling auctioneer would be considered to be an agent under the
regulations and therefore is required under law to be in a position
to produce a copy of the BER to prospective buyers or tenants.
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(c) |
The
Law Society issued a practice note to their members and they have
interpreted that a conveyancing solicitor is an agent under
the regulations. Therefore a conveyancing solicitor acting for
the seller is required under law to be in a position to produce
a copy of the BER to prospective buyers or tenants. |
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6 |
Who can carry out the BER?
BERs can only
be carried out by BER assessors who are registered by
Sustainable
Energy Ireland (SEI). A register of BER Assessors is available
on the SEI website www.sei.ie/ber . BER assessors (usually building
professionals like architects, engineers, etc.) must have successfully
completed a validated training programme provided by an accredited
training provider. The SEI will only publish ratings produced by
registered BER assessors.
There are restrictions
as to what properties assessors can survey and these are listed in
the Code of Practice as set out by SEI, as follows:
BER Assessors
are prohibited from carrying out a BER Assessment on a building – |
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(a) |
which
is owned by them, or |
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(b) |
which is owned
by any Connected Person, or |
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(c) |
which
is to be sold or let by him or her or a Connected Person in their
capacity
as a sales or letting intermediary, or |
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(d) |
in any other
circumstances in which they have a material financial interest in the
outcome of any assessment other than the fee charged for providing
the rating. |
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What
are the benefits?
A BER indicates
clearly the energy efficiency of a property and is of great assistance
to prospective purchasers buyers
or tenants to assist them in estimating the running costs of a
property, therefore influencing the properties
value.
It also helps
homeowners who wish to reduce their energy bills and help the environment
by reducing their CO2 emissions. 
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Can my property fail an audit?
The Building
Energy Rating Certificate (BER) is not designed as a pass or fail test
of your property but allows for the grading of the property into
the different performance bands.
Your property
will not fail* the assessment but may, regrettably, achieve a poor
rating. There are steps you can
take to improve your rating (see How can I improve my
Energy Rating?).
* The assessment
does check whether your property conforms to the specific building
regulations as they apply to your property and it's age and
may show that your property does not meet building regulations.

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What happens if my home gets a low rating?
There is no obligation
on the owner of a property to improve a low rating. However, a low
rating indicates that improvements in energy efficiency can be
made which will lead to cost saving for the occupier so it makes
both financial and environmental sense to make what cost effective
changes one can.
As the scheme
becomes more established it will undoubtedly be used as criteria fro
purchasers and tenants alike when choosing which property is best for
them.

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How can I improve my Energy Rating?
With the Building
Energy Rating Certificate (BER) comes an advisory report. This
outlines recommendations which if undertaken will improve the energy
performance of the property. Cost effectiveness is highlighted
in the report so you would see that insulating your hot water cylinder
will have a high payback at a low cost. You may choose to implement
none, some or all of these recommendations. The recommendations
typically cover areas such as:
- Insulation
of walls, attics or floors.
- Upgrading windows and doors.
- Draught proofing of windows, doors and ventilation systems.
- Replacement of old and inefficient boilers with new high efficiency
boiler.
- Heating control systems.
- Insulation of the hot water cylinder and visible pipe work.
- Achieving 100% low energy lighting.

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How
is it calculated? The
calculation takes into account the buildings fabric, ventilation,
space heating,
water heating, and lighting,
when calculating a BER. The dimensions of the property coupled
with the above elements are used to formulate the energy rating.
The property is evaluated not on the basis of how you live in it but rather on
how a typical level of occupancy would use it. For example, when
lighting is assessed, the assessor will look at the fixed lighting
only to see what proportion of low energy light fittings are
installed. Lamps etc. are specific to you and are not included
in the survey.
Having said that, it is advisable to have low energy fittings
in your lamps, if applicable, as this will reduce your electricity
consumption.
The rating
is expressed in the form of performance bands, within bands from
A1 to G, dependant on it's efficiency.
A1 being the best rating and G being
the poorest.

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12 |
Who
pays the cost of BER Certification?
The property
owner. The responsibility for obtaining the certificate rests with
the owner and so they are obliged to pay the costs associated with
obtaining the Building
Energy Rating Certificate (BER).

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13 |
As
a homeowner why should I get a BER carried out?
Since the 1st
of January 2009 when an existing property is offered for
sale or rent there is a legal requirement for the property to
have a Building Energy Rating Certificate (BER).
A Building
Energy Rating Certificate (BER) for a homeowner who is not selling
or offering the property for rent is not required by law.
However they
can indeed commission one which will allow them to assess where
improvements can be made in terms of insulation as well as lighting,
heating and the hot water system.
This can be
done by way of an Energy Audit and is less expensive compared
to a BER as the
actual certificate is not issued and so the costs payable to
SEI are
not incurred.

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14 |
Where
can I get further information? Further information is available from Sustainable
Energy Ireland (SEI) and the SEI website www.sei.ie/Your_Building/BER |
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If
there are any further questions you would like addressed, why
not contact us at info@abcer.ie
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