Friday, 11 January 2013

Changes for BER - EPC certificates from 9th January 2013

Wednesday 9th January 2013 saw changes for BER certificates in Ireland and other EU member states

Whatever the local terminology of these certificates -  Diagnostic de Performance Énergétique (DPE) in FranceBuilding Energy Rating - Certificates in Ireland (BER) or Energy Performance Certificate (EPC) in the UK including Northern Ireland there were changes in the rules from Wednesday.

The changes come from the EU Directive (Council Directive 2010/31/EU). According to UK solicitors Pain Smith,  The directive mainly consolidates the regulations but there are some significant changes in relation to the contents, issue and display of EPCs.
In relation to residential lettings the significant changes are as follows:
• property advertisements are to include details of the energy performance certificate rating ( the A-G rating) where available;
• the requirement to attach the front page of the certificate to any written material is to be removed;
listed buildings are exempt from the need to have a certificate on their sale or rent.
The above does get around some of the problems that agents have been facing such as how to attach a front page to the particulars on display in the window. However agents will nevertheless have to produce the EPC on demand to potential tenants and there is no additional leniency in respect of obtaining it, and the penalties have not been amended for failure to comply. (Source Pain Smith)
 irishlandlord .com has sent out a reminder  Advertising of BER -  New Guidelines for 2013 - S.I. 243 of 2012 European Union (Energy Performance of Buildings) Regulations, 2012 makes provisions for the inclusion of BER information in property sale and rental advertisements.  The regulations also mandate that the Sustainable Energy Authority of Ireland (SEAI) as the designated Issuing Authority shall publish guidelines as to how Building Energy Rating (BER) details would be conveyed such advertisements.

A summary of the provisions are:
A person offering a property for sale or rent on or after 9th January 2013, or their agent, shall ensure that the energy performance indicator of the current BER certificate for the building is stated in any advertisements, where such advertisements are taken relating to the sale or letting of that building.

Prospective buyers and renters will be shown the BER rating (Alphanumeric value) along with other prescribed content (dependent on the particular medium) in a prominent location in each specific advertisement

Where images of the property are used then the presentation of the alphanumeric value will be by way of the prescribed BER Alphanumeric Rating Motif for the particular property rating.
The BER Alphanumeric Rating Motif artwork files will be made available in electronic format from the SEAI website or on request to info@ber.seai.ie (Source irishlandlord.com)

The Society of Chartered Surveyors Ireland said  - "Surveyors Remind Home Sellers on New BER regulations from  January 9 th"  The Society of Chartered Surveyors Ireland (SCSI) has reminded property owners that all properties for sale or to let must display a Building Energy Rating (BER) certificate on all advertising effective from January 9th.

The SCSI said that new Building Energy Regulations, which are being implemented at a European level, will require the Building Energy Rating of a property to be published on all marketing materials for the property.
Ed Carey, Chairman of the Residential Property Group of the Society of Chartered Surveyors (SCSI) said “From January 9th, the energy rating of a property must be published on all marketing materials relating to the property and home vendors and landlords must have a BER cert before the property is put on the market”.

BER certificates, introduced in 2009, are essentially a guide to the energy efficiency of the property. They rate the property on a grade from A-G, with A being the most energy efficient.
“My advice for anyone considering selling or letting their property is to have their property energy rated as the first step before contacting an agent as the agent will not be in a position to market the property until they have the BER certificate. A full list of BER assessors is available on the SEAI website www.seai.ie  ” Carey concluded.

There are exemptions for certain categories of homes, for example, protected structures and certain temporary homes (source http://www.scsi.ie/BERPR) 

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