Michael Ring (Mayo, Fine Gael)
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Question 465: To ask the Minister for the Environment, Heritage and Local Government the action which will be taken against the owners of existing buildings of any class after 1 January 2009 if they do not possess a building energy rating certificate due to the delay in the roll out of the national certification examination which enables people to gain certification as BER assessors. [41025/08]

John Gormley (Dublin South East, Green Party)
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I refer to the reply to Questions Nos. 538, 539, 540 and 541 of 11 November 2008.

The EU Directive on the Energy Performance of Buildings was transposed into Irish law in the form of the European Communities (Energy Performance of Buildings) Regulations 2006.

In accordance with Article 7 of these Regulations a Building Energy Rating (BER) certificate will be required for existing buildings of any class, offered for sale or letting on or after 1 January 2009, unless otherwise exempted — for example, in the case of a national monument or protected structure. The person who offers the building for sale or letting, or any agent acting on their behalf, is required to produce a printed copy of the Building Energy Rating certificate to any person expressing an interest in purchasing or taking a letting in the building. A person who contravenes these requirements commits an offence and is liable, on prosecution by the Building Control Authority in whose functional area the building is situated, to be fined a sum not exceeding €5,000. It is reasonable to expect however that the law agents working for the parties to a contract for sale or letting will ensure that all mandatory requirements attaching to the sale or letting of the property will be fulfilled in a manner sufficient to obviate the need for prosecution.