Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 355: To ask the Minister for the Environment, Heritage and Local Government the progress or otherwise being made in respect of the building energy rating programme; the person who is responsible; the way the process will operate; when enforcement will be implemented to ensure compliance; and if he will make a statement on the matter. [43410/08]

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 the form of the European Communities (Energy Performance of Buildings) Regulations 2006, introduced a requirement for a Building Energy Rating (BER) system.

I am strongly committed to meeting Ireland's national and international obligations in relation to the energy performance of buildings and good progress has been made to date in developing and implementing Ireland's BER system, which is being introduced on a phased basis, in line with the Regulations, as follows:

BER certification 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, provided they were substantially completed by 30 June 2008;

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

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

BER certification for large public service buildings occupied on or from 1 January 2009 will commence from 1 January, 2009.

While responsibility for the Regulations rests with my Department, responsibility for the operational roll-out of the BER system rests with Sustainable Energy Ireland (SEI) which operates under the aegis of the Department of Communications, Energy and Natural Resources and which is designated as the issuing authority under the Regulations. BER assessments are undertaken by qualified BER assessors who have completed the necessary training and have been registered by SEI to carry out the assessment of particular categories of buildings. To date, 3,759 persons have successfully completed training courses with training providers accredited by SEI in relation to BER certification of new dwellings and some 939 of these trained assessors have so far registered with SEI as BER assessors.

With regard to enforcement, a person who offers a building for sale or letting on or from 1 January, 2009 or any agent acting on their behalf, is required to produce a 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, unless the building in question is specifically exempted under Article 3 of the Regulations, 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.

My Department will continue to work closely with the Department of Communications, Energy and Natural Resources, Sustainable Energy Ireland and the 37 local Building Control Authorities to make sure everyone concerned is aware of their obligations under the Regulations and acts accordingly.