Building Energy Rating (BER) Legislation

The Energy Performance of Buildings Directive (EPBD) was published by the European Union in a response to reduce carbon dioxide emissions. The directive was transposed into Irish law in 2006, with 3 years being allowed for the implementation of the specific articles. The directive contains articles aimed at improving the energy performance of buildings.

The Directive defines that a Building Energy Rating (BER) certificate is required for buildings constructed, sold or rented. In Ireland it is being implemented on a phased basis by Sustainable Energy Ireland, the phases are as follows:

  • New dwellings: A 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: A 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: When offered for sale or letting on or after 1st January 2009.
  • Large Public Service Buildings: A large public building occupied on or after 1 January 2009, secure and display a BER certificate in a prominent place clearly visible to the public.
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