COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF ECONOMIC DEVELOPMENT SPC
Wednesday, November 19, 2008
HEADED ITEM NO. (a)
(a) Updated Report on Energy Efficiency
REPLY:
Building Energy Rating (BER)
A fundamental rethink in the way buildings are being designed, constructed and operated is being brought to the forefront by recent legislation, the introduction of new guidelines, revised regulations , rising energy costs and continued environmental concerns most notably the threat of climate change.
Building Energy Rating (BER) is a requirement of the EU Directive on the Energy Performance of Buildings (2002/91/EC of 16 December 2002), which has now been transposed into Irish legislation.
BER will make the potential energy performance of the building visible. For the first time, this will allow buyers and tenants to take potential 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.
The following is the statutory background
- European Communities (Energy Performance of Buildings) Regulations 2006 (S.I. No. 666 of 2006) provide the regulations for implementing Building Energy Rating (BER)
- Sustainable Energy Ireland (SEI) designated as Issuing Authority on foot of circular BC 1/2007
- Building Control Authority designated as Enforcing Authority on foot of circular BC 1/2007 & BC 5/2008
- Enforcement of BER relates to Production and / or Examination of a BER within 28 days when requested by an “authorised officer” of the Enforcing Authority.
- Four items of additional statistical information relating to BER to be recorded from 1st July 2008. (BC 5/2008)
- Enforcement to be exercised in conjunction with inspections of new buildings under Building Regulations.
- Prosecuting on foot of breaches of regulations relating to BER to be brought by Building Control Authority.
- SEI to monitor implementation and enforcement of BER
Effectively the Building Control Authority is required to ensure that (i) a BER cert outlining the potential energy performance of a building exists where required and (ii) is in accordance with the requirements of the Issuing Authority. This along with enforcement / persecution is to be recorded as part of the 6-month Building Control statistics.
Building Energy Rating applies to
(i) new dwellings for which permission was applied for after 1/1/2007,
(ii) new non-domestic buildings for which permission will applied for after 1/7/2008
(iii) existing buildings offered for sale or letting from 1/1/2009. There is an exception for Protected Structures and certain temporary buildings.
All new dwellings must comply with the Building Regulations Including Part L which relates to energy. If a registered BER assessor finds that a new dwelling does not comply with the regulations, he or she is required to advise his/her client that they appear to be in breach of Regulations, explain the issues that have resulted in the apparent breach, encourage them in as strong terms as possible to rectify issues. He or she should also advise his or her client that the new owner will have a right of access to this information.
A BER is an objective scale of comparison for the potential energy performance of a building ranging from A1 (<25kWh/m2/yr)/0kgCO2/M2/Yr to G>450kWh/m2/yr / >120kgCO2/M2/Yr. It is rather like the A to G rating for a household electrical appliance like your fridge. A-rated homes are the most energy efficient and G the least efficient. The scale has been designed so as to facilitate proposed future higher efficiency standards under the building regulations. The current building regulations should result in a BER rating of A3. A BER however does not cover electricity used for purposes other than heating, lighting and necessary pumps and fans, i.e. it does not include cooking, refrigeration or laundry. The actual energy usage of a building will however depend on how the occupants operate the structure.
A BER for a building will be valid for 10 years from the date of its being issued, 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.
What a BER looks like: 
Alternative Renewable Energy Systems
S.I. No 666 of 2006 also requires persons commissioning a building with a useful floor area over 1,000 sq m (a large building) to consider the technical, environmental and economic feasibility of installing alternative energy systems in the building, and that the use of such systems has been taken into account, as far as practicable, in the design of that building [Article 5(1)].
Compliance with Article 5(1) of S.I. No 666 of 2006 to be demonstrated either by
(a) a study published by the issuing authority (SEI) which assesses the appropriateness or otherwise of the alternative energy systems which may be technically, environmentally and economically feasible for large buildings or particular types of large building, or
(b) a particular feasibility study carried out for the proposed large building.
SEI are to publish a national feasibility study of the more common types of large buildings and the appropriateness or otherwise of the alternative energy systems.
Failure to comply with Article 5(1) of S.I. No 666 of 2006 is an offence to be prosecuted by the Building Control Authority.
Compliance with Article 5(1) of S.I. No 666 of 2006 could be approached by requesting either (a) or (b) above following receipt of a commencement notice.