IF this is actually happening, and that is a big ‘IF’ … and SEI are attempting to push an incorrect interpretation of the legislation out into the marketplace … then, definitely.

I continue to be concerned that Energy Ireland (SEI) has been given the role of ‘Issuing Authority’ in Statutory Instrument No.666 of 2006: European Communities (Energy Performance of Buildings) Regulations.

So could SEI be peddling the wrong message too just to get business?

Tom

Normally, comments which are not signed are not approved for publication. In this case, however, the question is both valid and interesting.

With respect … instead of speaking to others, please get a copy of the legislation and read it for yourself. Statutory Instrument No.666 of 2006: European Communities (Energy Performance of Buildings) Regulations can be downloaded from the Internet … for free ! This is the one sure way of beginning to find out who is ‘really right or wrong’.

It is normal, when new legislation is being introduced, for there to be some confusion among all parties involved – including even Building Control Authorities. The legislation is being tested through practice … but eventually, detailed guidelines with regard to its operation will evolve.

Documents that I will wish to examine closely are the first batch of BER Advisory Reports to be issued. Please refer to my answer to Darren yesterday.

With regard to what solicitors will or will not do during 2009 … because of the sharp property downturn in 2008, many houses which were offered for sale well before 1 January 2009 may still be on the market next summer and autumn. If this is the case – and you should have genuine, supporting documentation from the auctioneer – solicitors must complete the sale without a BER Certificate.

However, just recently, I came across a most annoying case where the solicitor for the buyer, supported by the solicitor for the seller, completely ignored and totally disregarded a very important piece of Irish legislation, i.e. the 2000 Electronic Commerce Act (Number 27 of 2000). Each insisted on a hardcopy version of a document. Nothing else was acceptable.

Did I try to persuade ? Yes. Was I successful ? No.

Did I waste my time complaining to the Law Society ? You must be joking !!

Does anyone really know what is right and wrong?

The legislation is far from being perfect … but definitely, your first interpretation is correct. Going directly to Statutory Instrument 666 of 2006, the key phrase is ‘offers/offered for letting on or after 1 January 2009′. You are offering the property for letting every year.

Well before the lease is renewed in 2009, you will need to have a BER Assessment carried out by a BER Assessor. As defined in the legislation, this person must be registered by the Issuing Authority, i.e. Energy Ireland (SEI), ‘for a designated class or classes of building, for the purpose of BER assessment of such class or classes of building’. Please note well – do not accept any fudge, either by SEI or an Assessor, concerning the proper designation of building type !

For practical reasons, you will then need to obtain a hardcopy version of the actual BER Certificate, with its accompanying BER Advisory Report.

This is important because, at the very least, there should be a reference to the BER Certificate in the New 2009 Lease Agreement. Good practice would suggest that the BER Certificate and the Full Advisory Report should be appended to the Agreement. And … if there are any recommendations with regard to improving the energy performance of the building … this probably will have some impact on both the New Rent and the contents of the New Lease Agreement.

However … the Irish legislation Statutory Instrument No.666 of 2006: European Communities (Energy Performance of Buildings) Regulations is deeply flawed and designed to be ineffective. But, it is a cute money-grubbing exercise.

In my opinion …
- a BER Certificate is not valid unless it is accompanied by the relevant Full BER Advisory Report ;
- a BER Advisory Report should contain a proper statement of measurement and calculation uncertainty ;
- a BER Register should be held and maintained by the Building Control Authority (which is independent and tasked with inspection) in each Local Authority around the country … not by SEI.

Let me assure readers that our Organization does not intend to become involved in BER Assessment … as currently established and operated.

OR does it mean that because they have already been renting the property to various people for 10 years that they are exempt from BER ratings.