Firstly it is the responsibility of the building 'seller' to commission and pay for the BER.
Dwellings that require a Building Energy Rating are as follows:
- All new houses built (this is present law)
- All existing houses for sale (after 2009 - see below)
- All houses or apartments for rent (after 2009 - see below)
If the dwelling is a new dwelling this responsibility will also be with the 'seller' of the new dwelling. This includes persons building a new dwelling for themselves.
In the case of a developer, whether that person is a local authority, an individual or a housing provider the same responsibility applies in that in each case they must commission and pay for the BER.
In the case of a the person building a dwelling for their own use a BER certificate must be obtained and paid for by that person, before they move into the dwelling.
The timescale therefore on who needs to have a Building energy Rating will be based on whatever category you fall into below:
- BER of new dwellings commencing on or after 1 January 2007
A BER will only be required for dwellings constructed or offered for sale for which planning applications are submitted as and from 1 January 2007 and which are substantially completed by 30 June 2008.
- BER of new Non-Domestic Buildings commencing on or after 1 July 2008
A transitional BER exemption will apply to a new non- domestic building for which planning permission is applied for on or before 30 June 2008 provided the new non-domestic building involved is substantially completed by 30 June 2010 .
- BER of existing buildings when offered for sale or letting on or after 1 January 2009
For existing buildings offered for sale or rent on or after 1st January 2009, the owner (directly or through their agent) is responsible for commissioning and paying for the BER - not the purchaser.
The following building categories are exempt from you requiringa BER:
- national monuments;
- protected structures;
- places of worship or buildings used for the religious activities of any religion;
- certain temporary buildings;
- non-residential industrial or agricultural buildings with a low installed heating capacity (less than 10 W/m²);
- stand alone buildings with a small useful floor area (less than 50m2).
So to summarise:
- if you are developing or selling a new house then you will need to get a BER (present law)
- If you intend to sell an existing house or apartment you will need to get a BER (law after 2009)
- If you intend letting or renting out a house or apartment then you will require a BER (law after 2009).
- If you are buying or renting then you have the legal right to obtain the Building Energy Rating information (after 2009).
If you think any of this applies to you or would like to know more about a BER please feel free to contact us or check out our FAQ page
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