Michael D'Arcy (Wexford, Fine Gael)
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Question 352: To ask the Minister for the Environment, Heritage and Local Government if, in view of the fact that there is no obligation on landlords to supply a building energy rating and advisory report to tenants when properties are rented, he has conveyed that information to bodies like the Private Residential Tenancies Board and Fáilte Ireland; if he is satisfied that they are familiar with the requirement and are advising the private rental and holiday accommodation sector to comply accordingly; and if he will make a statement on the matter. [7015/09]

Jimmy Deenihan (Kerry North, Fine Gael)
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Question 355: To ask the Minister for the Environment, Heritage and Local Government if he will change the template supplied by Sustainable Energy Ireland for energy rating purposes of rental property in view of the fact that the computer template supplied by SEI does not recognise features such as under floor heating and thermostats on water and heating systems and so on; and if he will make a statement on the matter. [7158/09]

John Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 352 and 355 together.

The EU Directive on the Energy Performance of Buildings, which was transposed into Irish law by the European Communities (Energy Performance of Buildings) Regulations 2006 — 2008, introduced a requirement for a Building Energy Rating (BER) system. Sustainable Energy Ireland (SEI), which operates under the aegis of the Minister for Communications, Energy and Natural Resources, has been designated as the Issuing Authority with responsibility for the ongoing administration of the BER Scheme.

The Regulations require that any 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 BER 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 a fine not exceeding €5,000.

The Private Residential Tenancies Board and Fáilte Ireland have no formal role in ensuring that the private rental sector and the holiday accommodation rental sector respectively comply with the Regulations. Notwithstanding this both bodies are aware of the Regulations and have indicated that they will take reasonable steps to promote compliance with the requirement for BER certificates within their respective sectors. My Department will also continue to work closely with the Department of Communications, Energy and Natural Resources, SEI and the 37 local Building Control Authorities to promote awareness of the obligations which arise under the Regulations.

I understand that under-floor heating and thermostats on water and heating systems are recognised by the calculations methodology, known as the Dwellings Environmental Assessment Procedure or DEAP, which underpins the Building Energy Rating System. Detailed advice in relation to the operation of this software can be obtained from SEI.