James Bannon (Longford-Westmeath, Fine Gael)
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Question 371: To ask the Minister for the Environment, Heritage and Local Government the reason persons (details supplied) in County Longford have been unable to gain satisfaction from his Department or the local council, despite assessment by the building control officer in relation to their problems regarding heat loss in their house which was built and purchased in 2006 and which are impacting adversely on their health; and if he will make a statement on the matter. [16276/09]

John Gormley (Dublin South East, Green Party)
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The National Building Regulations set out the legal requirements for the construction of new buildings, including dwellings. Responsibility for compliance with the Regulations is a matter for the owner or builder of a building. Responsibility for enforcement of the Regulations rests with the 37 local Building Control Authorities. The resolution of problems arising between building owners and builders are matters between the parties concerned, namely, the building owner, the builder and, where appropriate, the builder's insurer. A comprehensive reply to the case referred to in the question is in preparation and will issue from my Department this week.

Ciarán Lynch (Cork South Central, Labour)
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Question 372: To ask the Minister for the Environment, Heritage and Local Government the progress made in regard to the introduction of a national BER examination from June 2009; if the 41 exam centres including 25 mobile units have been selected; the distinction made with regard to new build and existing build as regards examinations; and if he will make a statement on the matter. [16301/09]

Richard Bruton (Dublin North Central, Fine Gael)
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Question 377: To ask the Minister for the Environment, Heritage and Local Government the steps he has taken to ensure that all houses for sale or rent are complying with the new building energy ratings scheme; and if he will make a statement on the matter. [16415/09]

John Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 372 and 377 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.

I understand from SEI that, following a competitive tender process initiated in October 2008, a contract with the preferred tenderer will be signed shortly with a view to commencing the National BER exams from June 2009. The preferred tenderer has a nationwide coverage of testing centres with 41 exam centres (25 mobile units and 16 fixed locations). The exam, which has been written in line with the current training specification for BER assessors, contains a broad mix of questions which cover both new build and existing dwellings.

Compliance with the Regulations when houses are being sold or let is first and foremost a matter for the owner of the house, and for any agent acting on behalf of the owner in relation to the sale or letting. The Regulations require the owner or the agent 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 the Regulations in this regard commits an offence 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.

SEI has already run an extensive advertising and promotion campaign to raise public awareness regarding the BER certification system and plans to run further national and regional media campaigns by mid-year. The Law Society of Ireland has confirmed that its members when acting as legal agents for vendors or purchasers in the conveyancing of property will ensure that the requirements of the Regulations have been met.

Circular Letter BC 4/2009 – Enforcing Building Regulations Part L and Building Energy Ratings – issued to all Building Control Authorities on 17 February 2009. The Circular Letter, among other things, asked all local authorities to write to estate and letting agents within their functional area drawing their attention to the mandatory requirement for BER certificates in respect of buildings offered for sale or letting on or from 1 January 2009 and indicating that full compliance was expected from building owners and agents acting on behalf of owners.

My Department will 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.