Pádraic McCormack (Galway West, Fine Gael)
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Question 605: To ask the Minister for the Environment, Heritage and Local Government the position of the implementation of S.I. 666 of 2006 where planning permission is granted after 1 January 2007 and requires a building energy rating certificate; if his Department is insisting that if all sales of houses granted permission after 1 January 2007 are not completed that they have to be building energy rated certified; if his Department is insisting that solicitors for purchasers insist that such houses for sale have a building energy rated certificate; and if he will make a statement on the matter. [4632/08]

John Gormley (Dublin South East, Green Party)
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The EU Directive on the Energy Performance of Buildings, which was transposed into Irish law in 2006 by Statutory Instrument S.I. No. 666 of 2006, introduced a requirement for a Building Energy Rating System, or BER as it is more commonly known. The intention of the BER system is that buildings will have an energy rating similar to the way in which white goods are rated and that its practical merits are, therefore, easily understood by the consumer.

The BER system is being implemented in 3 phases:

BER for new dwellings was introduced with effect from 1 January 2007, with a transitional exemption applying to new dwellings for which planning permission was applied for on or before 31 December 2006, and provided they are substantially completed by 30 June 2008;

BER for new non-domestic buildings will commence from 1 July 2008, with a transitional exemption applying for buildings for which planning permission was applied for on or before 30 June 2008 and provided they are substantially completed by 30 June, 2010; and

BER for existing buildings of any class being offered for sale or letting will commence from 1 January, 2009.

Thus, there is a legal requirement that any new dwelling granted planning permission after 1 January 2007, unless qualifying for the transitional exemption, must have a BER Certificate. In these circumstances, Solicitors acting for purchasers are expected to ensure that all legal requirements are met before completing the purchase.

Brian Hayes (Dublin South West, Fine Gael)
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Question 606: To ask the Minister for the Environment, Heritage and Local Government if he will amend existing legislation to oblige local authorities to consult meaningfully with the communities and their representatives on all planning decisions that affect their community by way of the establishment of a community planning forum for the purposes of achieving sustainable development; and if he will make a statement on the matter. [4652/08]

John Gormley (Dublin South East, Green Party)
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City and county development plans set the objectives for the proper planning and sustainable development of their areas. Local area plans translate these objectives at local level. Extensive public consultation by planning authorities in relation to the making and variation of development plans and local area plans is provided for under Part II of the Planning and Development Act 2000, as amended by the Planning and Development (Amendment) Act 2002. Section 18(6) of the 2000 Act, specifically provides that a planning authority may enter into an arrangement with a local community group for the preparation, or the carrying out of any aspect of the preparation, of a local area plan. I have no proposals to amend the existing legislation in this area.

Local authorities engage with the community on a regular basis through both statutory and non-statutory fora, such the County and City Development Boards, Strategic Policy Committees and the Community and Voluntary sector on a range of policy areas that are central to the development plan and local area plan processes such as housing, community development and the environment. It is open to any community to establish a planning forum if it so wishes, and its relationship and involvement with its local planning authority is a matter between the local community and the relevant planning authority.