COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF ECONOMIC DEVELOPMENT & PLANNING SPC

Wednesday, February 20, 2008

HEADED ITEM NO. 4

Energy Use in South Dublin

A Motion in the name of Councillor C. Keane was considered and noted at the Terenure/Rathfarnham Area Meeting of 3rd March 2007.  The Motion stated as follows:

“That this Committee agrees to draw up an updated policy on building regulations and the criteria required by South Dublin County Council in all future new build to meet the highest sustainable/environmentally friendly/energy efficient standards, as developed by Dun Laoghaire/Rathdown recently."

The Report in response to the Motion stated that:

“The Council is committed to developing South Dublin County in a sustainable and energy efficient manner.  To progress this, the Council is currently investigating these issues and also of the most appropriate way to proceed in the light of experience elsewhere.  With regard to the Building Regulations; these are a set of national standards for proper building construction.  All new building works within the State are required to be in compliance with them in relation to, for example, disabled access, fire safety, insulation etc. 

The developer’s architect/engineer as distinct from the Council is obligated to certify compliance of any building with the Building Regulations.  The Regulations are subject to periodic review and update by the Department of Environment, Heritage and Local Government (DEHLG).  Individual local authorities have neither the resources nor the legal mandate to make such regulations or to engage in such reviews or to set standards which may be significantly at variance with national guidance and regulation and to the standards pertaining in other local authority areas.  In addition to do so would be unworkable and there would be no basis for enforcement.  It would also mislead members of the public and give them a false sense of security, in that purchasers may perceive they are getting an improved or updated standard/regulation relating to this county when such standard/regulation would in fact be unenforceable and may have unintended consequences. 

The Council is approaching the complex issues of sustainability and energy efficiency in a practical and coherent way so that it can have real meaning for those who live, work and visit the county.  One example of this is the Planning Department’s forthcoming advice document ‘Home Extension Guide’ that will be circulated shortly.  This will include simple, practical environmentally sustainable measures for individual householders as one of the key principles to consider in extending a home.

In addition the Planning Department has secured funding from the DEHLG to consider how environmentally sustainable standards might be implemented in the framing of plans for a new development area (Clonburris SDZ).  The Council is also examining best practice in relation to environmental sustainability including practice in some of the European countries which are leaders in this field.”

It is desirable that a common approach be adopted throughout Ireland as opposed to each local authority endeavouring to enforce different standards.

A report on “Sustainability and the Built Environment” in a recent edition of Sustainable Energy Ireland’s Energy Update notes that “sustainable building design should aim to provide a balanced solution, offering optimum working/living conditions, alongside reduced environmental impact, both now and in the future.  Taking the complete building lifecycle into consideration, there are many factors involved, from the location of the building, its design, subsequent operation and maintenance, to the construction materials and practices used, and how any future changes of use are addressed”.

Sustainable Energy Ireland’s Energy Update (copy of report attached) summarises the activities at national level which are leading towards more sustainable building design.  These include -

·        the transposing of the European Performance of Buildings Directive (EPBD)  DIRECTIVE 2002/91/EC of the European Parliament and of The Council of 16 December 2002 and the European Communities (Energy Performance of Buildings)Regulations 2006 S.I. No. 666 of 2006 on the energy performance of buildings  into national legislation by way of new energy performance standards specified in Part L of the Building Regulations (published in December 2005)  the Building Regulation (Amendment) Regulations 2005 (S.I. No. 873 of 2005) and the Building Control Act 2007.  The EBDF is seen as playing a vital role in achieving emission reduction objectives as well as introducing a building performance rating system.

·        An EPBD Action Plan, a document that sets out the proposed tasks, responsibilities and timescales for implementing the Directive in Ireland.  A Draft Action Plan was prepared by an Interdepartmental Working Group which comprised senior officials drawn from:

The Action Plan represents a balanced and realistic approach to implementation, aimed at establishing procedures, systems and day-to-day delivery in a manner, which is practical, clear, consistent and cost-efficient.

·        Building Energy Rating (BER)

·        Home Heating Appliance Register of Performance

·        BER Training.

The EU Directive on the Energy Performance of Buildings (EPBD) contains a range of provisions aimed at improving energy performance of residential and non-residential buildings, both new-build and existing.   This Directive was adopted into Irish law as Regulation in 2006.   Energy consumption for heating, cooling, lighting and other services in buildings gives rise to nearly half of all Ireland’s energy related CO2 emissions and is increasing all the time. This represents one third of Ireland’s greenhouse gas emissions associated with global warming.  Housing alone accounts for over one quarter of energy related CO2 emissions.

The EPBD obliges specific forms of information and advice on energy performance to be provided to building purchasers, tenants and users. This information and advice provides consumers with information regarding the energy performance of a building and enables them to take this into consideration in any decisions on property transactions.

As part of the Directive, a Building Energy Rating (BER) certificate, which is effectively an energy label, will be required at the point of sale or rental of a building (including dwellings), or on completion of a new building.   Protected Structures, National Monuments, places of worship, detached structures less than 50M2 and certain temporary buildings are exempt.   Failure to secure a BER certificate at the proper time could hinder or delay the legal completion of a sale or letting or a future disposal of the relevant dwelling.

A BER for a building will be valid for 10 years from the date of issue, unless there is a material change in the building in the meantime which could affect its energy performance – for example an extension to the building, a significant change to the building fabric or a change in the heating system or fuel used.  Therefore if a property which has received a BER is placed on the market within 10 years of that BER being issued, and the property has experienced no relevant alteration in the meantime, then that same BER may be used by the building owner for the purposes of meeting their obligations under the Regulations.

After July 1st 2008, energy performance certificates will have to be made available whenever a new building is developed, let or sold in the Irish market.   (Transitional BER exemptions will apply to new non-domestic buildings for which planning permission are applied on or before 30 June 2008 provided the new non-domestic buildings involved are substantially completed by 30 June 2010.)

The BER requirement will impact on an estimated 170,000 sale or rental transactions nationally per year.   BERs will mean that anyone buying a house will be able to check the energy performance of the house and get an indication of the annual running costs.   It will allow people to take energy costs into consideration in their purchasing decisions.   This is becoming more and more important as energy costs are increasing all the time.

It is expected that investments in the energy performance of homes will benefit building owners and users in terms of improved comfort, lower energy running costs and possibly higher property values.   Over time it can be expected to contribute to a change in market behaviour, which will ultimately improve the energy efficiency of the national housing stock and collectively, over time, these market activities could result in an environmental protection benefit in terms of a reduction in CO2 emissions from Ireland’s national building stock.

Properties with a high energy efficiency rating could ultimately be more valuable than those with a low rating.

The certification of energy performance in buildings, which must be implemented by each EU member state, will be the first legislative step driving this agenda.

A BER (Building Energy Rating) is standard calculation of the energy performance of a building, produced by a qualified assessor using procedures including calculation method and software approved by Sustainable Energy Ireland (SEI) and including a survey of the building where required by direction of SEI.  BER is based on primary energy demand and the BER scale ranges from “A1” (most efficient) to “G” (least efficient).  The building owner is required to provide the BER to prospective buyers and tenants.   BER will, therefore, make the energy performance characteristics of the building transparent to prospective buyers and tenants. As a result, buyers and tenants will be able, for the first time, to take energy performance into consideration in their decision to purchase or rent a building.

Overall, the message in a market context is: “information is power”.   BER is about equipping the consumer with information and the consequent power to act in their own best interests.

Commercial buildings that achieve a higher energy performance rating are likely to be more desirable to tenants, particularly occupiers with stated ‘green’ corporate objectives or occupiers that can appreciate the cost savings such that buildings can provide through reduced running costs, lower service charges etc

The move towards the provision of sustainable buildings is likely to be driven by both legislative change and occupier demand.

Despite the increasing awareness of the need to incorporate sustainable measures into building design and the knowledge that further legislative and regulatory change is looming on the horizon, energy efficient buildings are still the exception rather than the rule in the Irish property market.  Few disagree with the concept of sustainability but developers are reluctant to implement it, particularly if it is likely to cost more and offer little short-term financial reward.  However, energy efficiency will soon be an expectation as opposed to an exception in the Irish property market.

As noted in the Report to the Terenure/Rathfarnham Area Committee individual local authorities have neither the resources nor the legal mandate to make new building regulations or to engage in such reviews or to set standards which may be significantly at variance with national guidance and regulation and to the standards pertaining in other local authority areas.  However local authorities, such as South Dublin County, can embrace and work energetically and innovatively within the national guidelines and standards and with stakeholders in the area of sustainable development and building design to achieve a more sustainable and energy efficient county.

To achieve greater energy efficiency for new building, The Minister for the Environment, Heritage and Local Government, on the 24th December 2007 confirmed new regulations (SI 854 of 2007) following a period of public consultation to amend Part L of the Second Schedule to the 1995 Regulations (Conservation of Fuel and Energy) to:-

(1) set higher thermal performance standards with the aim of achieving at least a 40% reduction in energy use and related CO2 emissions relating to the provision of new dwellings, where work commences on or after 1 July 2008.

(2) After the 31st day of March 2008, oil and gas fired boilers in new dwellings must meet a minimum seasonal net efficiency of 86% and where oil and gas fired boilers are being installed as replacements in existing dwellings, those boilers must meet a minimum seasonal net efficiency of 86% where practicable.

The operative date is subject to transitional arrangements in relation to dwellings for which planning permission or approval is applied for on or before 30 June 2008, and where substantial work has been completed by the 30th day of June 2009,  or a Part 8 notice is published, on or before the 30 June 2008, provided substantial work has been completed by 30 June 2009.

The guidelines stipulate that the new homes can achieve these new standards in the following ways.
Significant improvements in wall, roof and floor insulation levels will be required. Some form of renewable energy, such as solar thermal heating, will also be an essential element. The use of energy efficient lighting (in the region of half of all fixed lights) will also reduce energy demand and CO2 levels. Heating systems will be required to have thermostats, time controls and, in larger homes, heating zones. Boilers will have to perform to minimum efficiency standards. Air testing to ensure homes are not leaking excessive heat will also be required.

The requirement of draft regulation is to be met by providing that the energy performance of the new dwelling is such as to limit the calculated primary energy consumption and related CO2 emissions insofar as is reasonably practicable, when both energy consumption and CO2 emissions are calculated using the Dwelling Energy Assessment Procedure (DEAP) published by Sustainable Energy Ireland

A new Technical Guidance Document (New Dwellings) has also been prepared 

The aim of Part L of the First Schedule to the Building Regulations is to limit the use of fossil fuel energy and related CO2 emissions arising from the operation of buildings, while ensuring that occupants can achieve adequate levels of lighting and thermal comfort.   It also provides for the use of Renewable Energy Technologies.

The above compliments the provisions of the 2006 Finance Act support package for renewable energy.  The package of measures includes bio-fuels excise relief package and funding for renewable energy schemes including Biomass, grants for home-owners, and aid for combined heat and power.  It will assist the large-scale deployment of renewable sources of energy over the next few years