Sellers ignoring the new BER requirement.


#101

“A” rated BERs ( real ones ) are few and far between as far as I can see … it would feature heavily in the advertising not just lobbed in so caveat emptor !

Fs now… we have lots of those.


#102

F for Fcuking crap insulation


#103

I’m wondering if it would help to report each and every ad that we come across in searches (e.g. when looking to buy or rent) through the report button in Daft:

Report This Ad

-> Inaccurate: No longer available / price changed
(other might be appropriate too)

Comment:
BER missing, against the law, effectively fraudulent, will not engage etc.


#104

That’ snot a bad idea - I think I’m gonna do it for every ad I see without a BER from now on.


#105

Could it be suggested to myhome that they insert a dropdown box for that field only allowing A-G?


#106

Why bother sending daft feedback?
Simply email once saying you are switching to myhome citing the availability of BER ratings as the reason.
It won’t be long before they start enforcing it then.

You have to love good old Ireland… introducing a requirement… but no means to enforce it :slight_smile:


#107

Who Will Ensure that Builders, Developers and Owners will be compliant?

Under the European Communities (Energy Performance of Buildings) Regulations 2012 (S.I. 243 of 2012), made by the Minister for the Environment, Community and Local Government, the responsibility for enforcing and verifying that a BER has been obtained prior to the occupation of a newly commissioned building or when a building is offered for sale or letting is assigned to the Building Control Authority in whose functional area the building is situated.


#108

Well in this case… here’s the DCC Building Control Link for those who wish to complain.
dublincity.ie/Planning/Build … ntrol.aspx

I’d be interested in the non reply you’d get from them :slight_smile:


#109

Myhome already do this. Although remember that “exempt” is also an option.


#110

No, I mean not allowing a “No Minimum” field (which returns 389 pages of properties in Dublin) and only allowing A-G and Exempt when the advert is being entered.


#111

Why are some homes exempt? Are they really old ones? If so why? It would still cost lots to heat them though wouldn’t it?


#112

I think it’s when they’re listed (or protected) structures. Structures of architectural/historical importance in other words (eg. old cast iron postboxes)

That would seem to be the case. Although there was the case of the listed art deco-ish petrol station on Fenian St. (down near Holles St). which was demolished by a developer illegally over a weekend. He was taken to court and forced to rebuild it exactly as it had been. It had been built in 1949,

Are they exempt? I suppose it’s becauses elements like windows, floors, original plaster and cornicing aren’t allowed to be interefered with (no double glazing, no tacking up insulated plasterboard, no ripping out the cast iron fireplace and putting in a woodburning stove) means there isn’t any opportunity to improve on the BER. It’s probably the point of the BER rating system: to encournage homeowners to improve the rating of their properties so as to reduce our carbon footprint

It would. When reading of how it is you should go about improving the chill factor of these houses you’re encouraged to add on layers of clothing.


#113

Did we ever come to a consensus as to where the best place to report breaches of this legislation was?


#114

You report it to Building Control at the local authority.
(who don’t have enough resources to enforce the BER advertising regs)


#115

Surely there are fines to assist with the costs?
Or do these disappear into the big black pot of central government?
Jeez … this’d be the easiest money ever … just need one person checking the property websites and firing out standard summonses!


#116

You are absolutely right… There are some guidelines for safe and proper house which needs to be followed… Ignoring them could be dangerous


#117

Just sent off an email to the Leitrim Building Control officer around this. Will post any replies.

*Hi xxxxxx,

I have a query you may be able to help me with. I was wondering what
the situation is around the European Communities (Energy Performance
of Buildings) Regulations 2006 (S.I. No. 666 of 2006) which
necessitates sellers/landlords of properties for sale/rent to display
the properties BER.*

*There is virtually no compliance with this regulation in Leitrim at
the moment. For example of the 226 houses in Leitrim for sale on
myhome.ie only 50 have their BER displayed (22% compliance) and of the
32 houses myhome.ie for rent none have their BER displayed (0% compliance).

It is now nearly a year since the legislation was enacted. Is there a
concerted effort to enforce this legislation or does each breach need
to be reported individually to your office?

Thanks for you time on this.

Regards,

xxxxxxxxxx*


#118

That would be the plan.


#119

Just got this back from our local officer:

*The provisions of SI.666 of 2006 require that any person, or their
agent, offering for sale or let a certain class of building is required
to provide a BER certificate and written assessment to any person
expressing an interest in purchasing/letting the property. A BER
certificate and report is also to be produced on demand from the
Building Control Authority(BCA).

Should a person fail to produce a certificate/report to a prospective
purchaser/lessee then they commit an offence. Such an offence may be
prosecuted by the BCA. It is, however, dependent on a complaint being
made to the BCA as otherwise we have no knowledge of a refusal to
produce. In the instance where an individual refuses to produce one on
demand from the BCA an offence is also committed. In this instance the
BCA may again prosecute the offence but now would have first-hand
knowledge of it.

There is no requirement to display the properties of a BER under the
2006 Regulations. The production of a BER has always been dependent on a
prospective purchaser/lessee expressing an interest in the property or
following a “demand” from the BCA.

The requirement for advertising of a BER was introduced only from the 9
January 2013 under the provisions of article 12 of SI.243 of 2012.
Advertisements of BER certificates are to comply with the guidance
issued by SEAI. A BCA may request a building owner or their agent to
demonstrate that they have complied with the requirement to advertise in
accordance with the regulations and SEAI guidance. Failure to advertise
constitutes an offence and may be prosecuted by the BCA. It should be
noted that this requirement commenced on 9 January of this year and the
Regulation is not retrospective.

Whilst the Building Control Authority has a role to play in respect of
the European Union (Energy Performance of Buildings) Regulations,
2006-2012, the Authority’s role is primarily an oversight one and it is
not the function of the Authority to police compliance with the
Regulations. Notwithstanding this the Authority undertakes a cursory
inspection of advertisements for compliance with the new regulation
requirement. In general the Authority considers that the properties
being advertise for sale are substantially compliant with the
requirement to advertise the BER rating of the property having regard to
when the property was advertised for sale. Should any possible
non-compliance be notified to the Authority then the Authority will of
course investigate same and decide whether enforcement action and-or
prosecution is warranted.*


#120

“Failure to advertise constitutes an offence and may be prosecuted by the BCA”

Who commits the offence? The website, the EA or the vendor?

It would seem a trivial matter to require (i.e. lean on with threat of prosecution) myhome and daft to enforce BER ratings and certificate numbers and have them link to the seai.ie website, which would provide a one-click sanity check.

If they’re not forced then they probably won’t do it because the first mover would be competitively disadvantaged.

I assume the BER cert numbers don’t have a checksum, like credit cards. Checksum would mean that it would be almost impossible to accidentally provide a duff number.