You’re correct. The duty is imposed on the vendor or landlord, not on the advertising site / newspaper. That said, however, you might be able to argue that the newspaper or site is guilty of aiding and abetting the commission of an offence by carrying the ad minus the BER.
They should have added the “Smokey Coal” type provision - where sale and advertising was
illegal - to be sure, to be sure!
Any sellers getting red-faced requests from EAs - “We forgot to mention …?” type calls?
As sure as the day is long.
Hello I am a long time lurker(and admirer) on the pin and this is my first post. Now unlike the kind poster who was impressed that myhome and daft responded to his request on the matter of advertising the BER I was definitely NOT impressed. I looked up the law, and then rang the SEAI and spoke to a very helpful lady there and apparently they are required by law to display the BER and she also said,amongst other things, that the guidelines for advertising are clearly laid out for a while now. So I just sent this email to daft and myhome and am waiting for a reply. Thank you for the bits I robbed off other posts…:0) Harsh? lol
As you know, with effect from January 9th 2013, new regulations have come into force in Ireland regarding the advertising of Building Energy Ratings.
It requires a person who offers for sale or letting (whether in writing or otherwise) a building other than a dwelling that is in existence on or before 9 January 2013, and any agent acting on behalf of such person in connection with such offering, to 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.
Please see Statutory Instrument No. 243 of 2012 for further information.
environ.ie/en/Legislation/De … 049,en.pdf
Also, as you know,…
“any agent acting on behalf of such person in connection with such offering,
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.”
So why are you continuing to break the Law? Also if you complied with the Law this would force the estate agents to insist on this being done by the seller before they took on a sale and then everyone would comply with the Law. While I do appreciate you are not responsible for the actions of sellers and estate agents I am sure you can understand that as long as you advertise ignoring this legal requirement to display a BER then they will naturally bury their respective heads in the sands on this issue.
Neither would… being in talks with the SEAI …serve as an answer but is a stall. The guidelines for advertising are fully laid out by the SEAI for some time in the link below with a full PDF written on this.
pdf at bottom of page…
Also surely, if you had had any intention of complying with the Law in the first place you would have been proactive, have informed the sellers/ estate agents well in advance of the deadline date, displayed the warning clearly and upfront on your website, and told them you could not advertise without a BER. Any questions you felt needed to be asked of the SEAI should have been dealt with long before now.
Legally you should be shut down.
I have received a further, more comprehensive response from MyHome re the BER change as follows:
That’s brilliant, but I suspect there will be a delay in properties going to the market while they sort out their BERs. Lots of busy assessors.
Just for the record, at the moment there are 28070 houses/apartments on Myhome.ie and of them 1922 have BER ratings.
Those ratings are
Is there the possibility that some advertisers are over stating their BER results?
When does ‘A-rated’ become A1?
Here’s an example that (in my opinion) is likely to be over stated, but I’m happy to be proved wrong.
The ‘House of Tomorrow’, Ard Michael, Co. Longford. Undoubtedly an attractive option, and the builder’s brochures claim it is ‘A-rated’, while the ad on Myhome claim it is A1 rated, but the BER statistics show that there has been just 7 A1 results in the entire country? In order to be A1 rated they would need to have incorporated renewable energy generation technology and I don’t see any evidence that they have.
There are a few things fishy about that ad. It was refreshed 11 months ago, so unless they set the ber back then, myhome auto choose the A1 rating. If someone has stats of the number of properties in each bracket, the distribution will probably show if this is the second.
They also list “Tax Incentives available to Owner Occupier (Section 23)” but unless I’m mistake, section 23 relief relates to offsetting tax for rental properties. Owner occupier relief over rides it too.
I think if you look closely you’ll see that the house is “A” rated. Note the exclamation marks.
Any house with a real ber cert has the cert number listed. This is just bs.
Have noticed a lot of properties added in the last week added to both myhome and daft without any BER attached thus blatantly flouting the new law. Wonder will any action be taken - won’t hold my breath.
Who do you complain to? And how?
Would love to know that myself - Dep Environment?
Here we are in February, and new ads a-plenty seemingly without BER. Rang about a place I’d seen last week about the BER - and got the classic ‘oh they’re supposed to have it’ shtick.
WTF is wrong with this country…
Who would one complain to in the EU to start this moving? The SEAI don’t bother to reply to complaints by email it seems and DAFTs response is just that they are working with the SEAI.
Now 3386 properties with a BER listed on Myhome.
Once again we see a contrast between the local ‘ah, sure, it’ll be grand’ approach and the outsiders who actually comply with the law. The new Allsop online catalogue has seemingly only included those properties which have provided BER details.
auction.co.uk/irish/onlineCa … UZ,4AQJR,1
At least a dozen lot numbers link to a placeholder which says “Property Information to be disclosed pending receipt of BER Certificate”.
Finally got a response, but not a good one.
Guess the response of working with the SEAI is just meant to delay things. Onwards and upwards the complaints go.
The SEAI don’t enforce the BER advertising laws - they’re just some information loving quango.
I’d expect it to be the local authority but the legislation does not mention who the enforcers are.
You should write directly to the Minister for Environment enclosing a copy of the act and ask who enforces the legislation (quote the relevant section) and how do you a citizen lodge a non-compliance complaint.
I expect that an effective boycott of non certified homes will take place as buyers
will give those with BER in place priority interest and viewing anyway.
Thus compliance shall come dripping slow … but the system will flush itself out
without recourse to law.