BER legal requirements

A BER is a legal requirement in many common scenarios, including selling, renting and when a newly built dwelling is completed.

Sale and rental

If a home is offered for sale or rent, the owner must have a BER and provide it to prospective buyers/tenants. The BER rating must also be included in property advertisements. There are certain exceptions to this, such as ruined or derelict houses, some places of worship and some heritage buildings. However, to be exempt, a heritage building must actually be on the official List of Protected Structures as compiled by your local county council. If you are in doubt about whether any house is exempt from the BER requirement, contact the designated Building Control Officer at your local county council, who will have the final say on the matter.

Checking an existing BER

You can check whether a property already has a valid BER and download the BER certificate and advisory report from the SEAI National BER Register (using a BER number or MPRN).

Validity

A BER is generally valid for up to 10 years, provided there is no material change to the building that affects energy performance.

Enforcement and penalties

Local authorities are responsible for enforcement. Non-compliance can result in enforcement action and penalties under the relevant regulations.

References

• SEAI: BER information hub
• SEAI: BER advertising requirements
• SEAI: National BER Register