Legislation

BER (Building Energy Rating) Legislation

As part of the Energy Performance of Buildings Directive, a Building Energy Rating (BER) certificate, which is effectively an energy label, will be required at the point of sale or rental of a building, or on completion of a new building. The BER will be accompanied by an “Advisory Report” setting out recommendations for cost-effective improvements to the energy performance of the building. There will be no legal obligation on vendors or prospective purchasers to carry out the recommended improvements. SEI will publish BER certificates on a public BER Register.

From 1 January 2007, new dwellings that applied for planning permission on or after this date require a BER when they are offered for sale or rent. This requirement will be extended to all new non-residential buildings in July 2008 and to existing buildings offered for sale or rent in January 2009.

EU Directive An EU Directive is a piece of legislation that all Member States must enact. Directive 2002/91/EC aims to promote improvements in the energy performance of building.

What does the Directive cover?

The Directive covers both residential and tertiary (commercial and public) sector buildings. The main elements in the Directive are:

The establishment of a framework for a common methodology for calculating the energy performance of all buildings.

The application of minimum standards of energy performance for new buildings, and existing buildings with a total surface area over 1000m², when they are renovated.

Certification schemes for new and existing buildings and the public display of these certificates.

Inspection and assessment of boilers and heating/cooling installations.

What timescale applies to the Directive?

Implementation of the EPBD in Ireland will be as follows:

BER of new dwellings commencing on or after 1 January 2007. The introduction of BER for new dwellings is subject to a transitional exemption period whereby a BER will only be required for dwellings constructed and offered for sale or rent for which planning applications are submitted as and from 1 January 2007 and which are substantially completed by 30 June 2008.

BER of new Non-Domestic Buildings commencing on or after 1 July 2008. A transitional BER exemption will apply to a new non-domestic building for which planning permission is applied for on or before 30 June 2008 provided the new non-domestic building involved is substantially completed by 30 June 2010.

BER of existing dwellings and buildings when offered for sale or letting on or after 1 January 2009.

What benefits will the Directive bring?

The Directive will promote energy savings. Saving energy will help compliance with the emissions targets of the Kyoto Protocol. The EU recognised that energy efficiency is the single most cost-effective and publicly acceptable way of meeting our Kyoto objectives.

The EU Communication ‘Energy Efficiency in the European Community - Towards a Strategy for the Rational Use of Energy’ (29th April 1998) examined possibilities for saving energy. It identified improvements in the energy efficiency of buildings as a priority, due to the high energy consumption and high potential energy savings in buildings.

Buildings are the biggest users of energy in Europe, representing approximately 40% of energy consumption in the EU. Most of this energy is used for space heating. Significant energy savings can be made in buildings. The EU defined the saving potential as the energy that can be saved by investments in energy efficiency, which have a payback period of less than nine years. The savings potential for energy use in buildings is ~22% and can be realised by 2010.

How will the Directive affect the new build housing sector?

The EU Directive requires that a valid energy performance certificate be produced for all new dwellings. In the Action Plan, the EPBD Working Group proposes to apply Building Energy Rating (BER) certificates from 1st January 2007.

The Directive requires that all energy ratings on new build dwellings come from qualified and/or accredited experts, whose independence is to be guaranteed on the basis of objective criteria.

How will the Directive affect the rented sector?

The EU Directive requires that a valid energy performance certificate be produced for all dwellings when they are rented out. Building Energy Ratings will be valid for 10 years unless there is a change in the energy performance in the property due to measures implemented in the interim.

How will the Directive affect the non-domestic sector?

The Directive requires all new and existing buildings to have an energy certificate available when they are constructed, sold or rented out. The Directive also stipulates that all buildings over 1000m², with either public sector occupiers or frequent public access must prominently display an energy certificate. The only buildings exempt from the requirements of the EU Directive are:

• officially protected buildings and monuments
• places of worship
• temporary buildings with a planned time use of two years or less
• residential buildings which are intended to be used less than four months of the year
• stand-alone buildings with a total useful floor area of less than 50m²

As the Directive covers a vast range of buildings, implementing it in the non-domestic sector will be extremely complex.

What is the background to the EU Directive?

Saving energy will help compliance with the emissions targets of the Kyoto Protocol. The EU identified improvements in the energy efficiency of buildings as a priority, due to the high energy consumption and high potential energy savings in buildings.

The Directive provides a complementary legal instrument to Directive 93/76/EEC (September 1993), which required member states to develop, implement and report on energy efficiency programmes for buildings.

Building Regulation Part L, Conservation of Fuel and Energy, outlines the guidelines for implementation of the Directive.