A Building Energy Rating (BER) shows the energy performance, C02 emission and approximate running cost of a building. It is similar to the energy label on your fridge or on any other new electrical items such as microwaves, cookers, etc., with a scale of A – G. ‘A’ rated homes are the most energy efficient and ‘G’ the least efficient.

The BER rating is an estimate based on a standardised assessment procedure, which makes many assumptions regarding how the dwelling will be used. It is expressed in kilowatt hours of primary energy used for space and water heating, ventilation and lighting, per square metre of the building, per year. An estimate of the carbon dioxide emitted, in kilograms of carbon dioxide per square metre of the building per year, is also made.

Primary Energy is made up of not only the energy used in the building for light, heat and other purposes, but also the energy consumed in generating and distributing the electricity, gas, oil or other fuel.

A BER is a requirement of the EU Energy Performance of Buildings Directive (2002/91/EC of 16 December 2002) which was transposed into Ireland by the EC (Energy Performance of Buildings) Regulations 2006 (SI No 666 of 2006) (‘the Regulations’). Sustainable Energy Ireland (‘SEI’) have responsibility under the Regulations for the implementation of the practical aspects of the BERs including the registration of BER Assessors, maintaining a register of assessments and collecting registration fees.

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. The Regulations were introduced to promote energy efficient buildings. For this to happen, the person constructing the building should:

• Limit heat loss and maximise heat gains through the fabric of the building;
• Provide energy-efficient space and water heating services, including adequate controls of these services;
• Ensure that the building is appropriately designed to limit the need for cooling and, where airconditioning or mechanical ventilation is installed, that installed systems are energy efficient, appropriately sized and adequately controlled;
• Limit heat loss from pipes, ducts and vessels used for the transport or storage of heated water or air;
• Limit the heat gains by chilled water and refrigerant vessels, and by pipes and ducts that serve air-conditioning systems; and
• Provide energy-efficient artificial lighting systems and adequate control of these systems.

A BER is required at the point of sale or letting. A BER certificate was made compulsory for all new homes from July 2008. All existing dwellings and commercial property for sale or rent since 1st January 2009 require a BER certificate.

BER assessments performed on new dwellings will also help determine compliance to Part L of the Building Regulations.

A BER is based on the characteristics of major components of the dwelling (wall, roof and floor dimensions, window and door sizes and orientations) as well as the construction type and levels of insulation, ventilation and air tightness features, the systems for heat supply (including renewable energy), distribution and control, and the type of lighting.

It covers annual energy use for space heating, water heating, ventilation, lighting and associated pumps and fans, calculated on the basis of a notional standard family with a standard pattern of occupancy.

The energy performance is expressed as:

1. primary energy use per unit floor area per year (kWh/m2/yr) represented on an A to G scale (see BER certificate); and
2. associated Carbon Dioxide (CO2) emissions in kgCO2/m2/yr (see BER Certificate)

A BER is only an indication of the energy performance of a house. Actual energy usage will depend on how the occupants operate the house. In that way it is similar to the concept of a fuel economy (miles per gallon or litres per 100 km) rating for a car.

A BER does not cover electricity used for purposes other than heating, lighting, pumps and fans, i.e. does not include for cooking, refrigeration, laundry etc.

A BER will be carried out by specially trained BER Assessors who are registered with SEI (usually building professionals like architects, engineers, quantity surveyors, etc.). A searchable database of registered BER Assessors available nationwide is included on the SEI's website. There is no limit on the number of BER Assessors who can operate in Ireland.

According to SEI, the target turnaround time is two weeks from initial communication to a registered BER Assessor to actual production of the BER by the BER Assessor. See a list of BER Assessors from iDirectory.

The assessor measures, for example, the size of the house, the construction, the insulation levels, the type of windows, details of the heating and hot water systems, etc. This information is then entered into a software programme (DEAP) and is used to calculate the energy performance of the house and to give it an energy rating.

The objective of the certificate is to rate a building on its energy performance. It will provide information to any potential consumers on the energy performance of the building in question.

It shall include reference values such as current legal standards and benchmarks in order to make it possible for consumers to compare and assess the energy performance of buildings.

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The certificate is accompanied by an advisory report containing suggestions on how improvements could be made to the energy performance of the building. However, there will be no legal obligations on vendors or purchasers to carry out the recommended improvement.

A BER is valid for 10 years from the date of issue unless there is a material change in the building. A material change would include an extension or a significant change to the building fabric or heating system of a building.

A BER and the accompanying Advisory Report must be furnished to any person expressing an interest in purchasing or leasing a building by "a person who offers for sale or letting... a building" and the obligation extends to "any agent acting on behalf of such person...".

The vendor/landlord of a property which is offered for sale or lease is the person responsible for furnishing a BER. However, where the vendor/landlord fail to furnish a BER where required, the obligation will extend to the "agent" of the vendor/landlord to ensure that a BER has been furnished.

An "agent" in this context would appear to include an estate agent or solicitor acting in a property transaction. The Conveyancing Committee of the Law Society of Ireland have advised solicitors that if a client has not obtained a BER by the time a solicitor is instructed in a sale/lease, then such client will have to be told by his solicitor that contract/lease documentation cannot be sent out until such time as a BER is obtained.

BER requirements were introduced on a phased basis since 2007. Since 1 January 2009, a BER is now required when any building is being offered for sale or rent, save for certain exempted buildings such as national monuments and protected structures, full details of which are listed in the Regulations.

A BER must be furnished to a potential purchaser/tenant at the time that a property is offered for sale or rent and therefore before the Contract for Sale or Agreement for Lease/Lease is executed and exchanged. According to the Law Society, failure to produce a BER before execution of the documentation cannot be remedied by the subsequent provision of a BER, unless the purchaser is given the opportunity to back out of the Contract at the same time. This could have very serious consequences for a vendor/landlord as it could give the purchaser a justification for not proceeding after formal contracts are exchanged.

It is also worth noting that, unlike various other requirements in a property transaction, there is no provision available which would enable a prospective purchaser/tenant to waive the obligation to be provided with a BER, nor is there a requirement that such a purchaser/tenant seek or obtain a BER. The obligation is solely on the vendor/landlord to provide one.

A Provisional BER is required to enable buildings to be sold or leased 'off the plans' during the construction stage. The rating will be based on the design drawings and building specifications and will be valid for 24 months or until completion of the building, whichever is sooner. It is subsequently the responsibility of the vendor/landlord to have a BER Assessment carried out before the sale or lease of the property completes.

There is a maximum fine of €5,000.00 for not obtaining a BER when required and there is a maximum fine of €5,000.00 and/or a term of imprisonment not exceeding 3 months for not allowing authorised officers to enter, inspect and examine buildings.

Failure to secure a BER at the correct time may delay the completion of a sale or lease of a property and there is also a risk that a purchaser/tenant could back out of a Contract for Sale or Agreement for Lease/Lease. However, according to the Law Society, failure to produce a BER does not have any consequences on the title of the property.

Indicative ratings for typical homes:

House Built in:	Rating		2 Bed Apartment (75m2)				3 Bed Semi-D (110m2)
			kWh	CO2	Cost		kWh	CO2	Cost
2008+	B1		7,200	1.7	€500		10,600	2.5	€725
2000s	C1		11,625	2.8	€800		17,100	4.1	€1175
1990s	C2		14,250	3.4	€1000		20,900	5.0	€1445
1980s	D1		17,250	4.1	€1200		25,300	6.0	€1745
Pre 1980	D2/E1		22,500	5.4	€1600		33,000	7.9	€2280

These ratings are indicative of the levels one might expect for homes built to the prevailing Buiding Regulations of the period and where no additional remedial measures have been installed.

Indicative CO2 emissions and running costs for different rating bands:

Rating		2 Bed Apartment (75m2)			3 Bed Semi-D (75m2)			3-4 Bed Detached (140m2)
		CO2	Cost		CO2	Cost		CO2	Cost
A2		0.8	€200		1.1	€295		1.3	€375
B1		1.7	€500		2.5	€725		3.2	€915
C1		2.8	€800		4.1	€1175		5.2	€185
D1		4.1	€1200		6.0	€1745		7.6	€2215
E1		5.4	€1600		7.9	€2280		10.0	€2895
F		7.5	€2200		11.0	€3195		14.0	€4060
G		9.8	€2900		14.4	€4090		18.3	€5320

Running costs are estimated on the basis of typical occupancy and heating the entire dwelling to a comfortable level.

kWh: Annual kilowatt hours of primary energy (natural gas and electricity are puchased in terms of "units" or kWh. One litre of kerosene has an enegy content of just over 10kWh).

CO2:Tonnes of CO2 emitted per annum.

Cost: Annual running cost for principal energy usage, based on an average of domestic oil and gas prices as of October 2008.