Sellers ignoring the new BER requirement.


#141

I complained to my local Council about missing BERs in adverts.
It’s being ‘looked into’ and I also received a copy of the SEAI whistle blower policy from the Council seai.ie/Grants/Whistleblower_Policy/
Go figure!


#142

Don’t knock it, Temene - you might get a day out before the Public Accounts Committee yet!

I remember noting almost year ago here that this could be the source of a glorious crop of fines - straightforward black-and- white / on-or-off cases - but maybe the problem is that any fines do not go to the area Council but the big black pot of central funding.
A bit of localisation might encourage compliance alright!


#143

Not quite on topic but overall BER of new builds improving

cso.ie/en/media/csoie/releas … Q12014.pdf


#144

My local Council told me (in writing) that the onus is only on the person advertising the dwelling and not the facilitator (newspaper, website…). Therefore they won’t entertain my complaint against a newspaper advert.
I thought the legislation was clear:
Advertising of BER
12. (1) A person who offers for sale or letting (whether in writing or otherwise)—
(a) a new dwelling, the construction of which commences on or after 9 January 2013, or
(b) 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, shall ensure that the energy performance indicator of the current BER certificate for the dwelling is stated in any advertisements, where such advertisements are taken relating to the sale or letting of that dwelling.
(2) A person who offers for sale or letting (whether in writing or otherwise)—
(a) a new building other than a dwelling, the construction of which commences on or after 9 January 2013, or
(b) 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, 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
environ.ie/en/Legislation/DevelopmentandHousing/BuildingStandards/FileDownLoad,31049,en.pdf


#145

Unfortunately there is zero enforcement - it’s gonna take us being dragged through the European courts before anything is done about it (as usual).


#146

Situation in Leitrim at moment

MyHome
37 properties for rent (only 5 have BER ratings displayed myhome.ie/rentals/leitrim/pr … gyRating=G).

286 properties for sale (only 101 have BER ratings displayed myhome.ie/residential/leitri … gyRating=G)

Zero enforcement of regulations by Leitrim County Council.


#147

Here is an agent in Wicklow - Id say only 10-15% of listed properties have BERs

myhome.ie/residential/irelan … agent=5881


#148

I think this thread has proved that complaining to councils/council building control officers is pointless. At this stage I’d nearly just complain directly to whatever EU department is meant to be enforcing the legislation.


#149

Is there a petition process in this country?
(Honest question - I know there is one in Germany.)


#150

Yes, just ring 01 208 3263 to voice your complaint.


#151

Agent in law means, broadly speaking, someone who has power to bind the principal. A newspaper, property website, etc. is not an agent for that purpose. The local authority is correct on this point. Compare employment advertising, where it’s an offence for a periodical to run an ad which is discriminatory.


#152

Domestic Building Energy Ratings
Quarter 1 2014

cso.ie/en/media/csoie/releas … Q12014.pdf


#153

Just dropped Lifeline an email:

Dear Liveline team,
There is an issue that is affecting both potential renters and house buyers on a day-today basis that I like to bring to your attention: the lack of the BER in property advertisements.
In some regions it even missing on the majority of ads!
This is all despite existing legislation (environ.ie/en/Legislation/De … 049,en.pdf) that is just not enforced – nor do the county councils seem to have any interest to do so if contacted. The only parties benefitting from hiding the BER are disingenuous vendors and landlords - draw your own conclusions.
The issue has been discussed on a forum I frequent (as “marcexec”): thepropertypin.com.
The thread is viewtopic.php?f=10&t=51198. Check pages 10 and 11 for the gist.
Any background research can be done easily on daft.ie, myhome.ie and the property ads in newspapers (though those tend to be better).
Feel free to contact me on any queries in regard to this.
Best Regards
(marcexec)

Let’s see if it’s flashy enough…


#154

Needs more sob story.

“Ah jaysus Joe, I was robbed by de BER cert so I was…”


#155

How’s it looken out round clontarf, with regards de ber certificates?

Dese are the ber essentials, as de fella says.

Better hope tommorow isn’t funny friday :blush:


#156

Now me and the chiselers are freezin’ soz we are Joe!


#157

Was on 14:00-14:10 today :slight_smile:


#158

Congratulations on raising the issue on national airwaves!

Excellent piece of work!


#159

Nice one!

It’s not up on their site yet unfortunately.


#160

You can join on Twitter at least:
#lifeline, maybe @DaithiOLaoire as well