Catherine Byrne (Dublin South Central, Fine Gael)
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Question 19: To ask the Minister for the Environment, Heritage and Local Government if building energy rating regulations as laid out in legislation are being fully adhered to; and if he will make a statement on the matter. [18192/09]

Noel Coonan (Tipperary North, Fine Gael)
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Question 22: To ask the Minister for the Environment, Heritage and Local Government if he will amend building energy rating legislation and implementation; and if he will make a statement on the matter. [18200/09]

John Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 19 and 22 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. The BER system was implemented on a phased basis as follows:-

· in the case of new dwellings, with effect from 1 January 2007, subject to planning-related transitional arrangements which have now expired;

· in the case of new buildings other than dwellings, with effect from 1 July 2008, subject to certain planning-related transitional arrangements, which remain in force until 30 June 2010; and

· in the case of any existing building offered for sale or rent, with effect from 1 January 2009.

It is the responsibility of a person who commissions the construction of a building or who offers a building for sale or letting to obtain a BER certificate unless the building is specifically exempted under Article 3 of the Regulations. The Regulations also require the owner, or any agent acting on their behalf, to produce a copy of the BER certificate to any person expressing an interest in purchasing or taking a letting in the building and, on demand, to the local Building Control Authority. I understand from Sustainable Energy Ireland that a total of 4,178 BER certificates for dwellings were issued last year. To date this year over 29,000 BER certificates for dwellings have been issued indicating a substantial increase in BER related activity since the scheme was extended to the sale and letting of existing dwellings from 1 January 2009.

I am aware of concerns in relation to compliance with the requirement for BER certificates within the private rented sector. As stated in the reply to Question No. 197 of 30 April, 2009, my Department will keep the potential role of the Private Residential Tenancies Board in this matter under review. The Energy Performance of Buildings Directive is under review by the EU and when this is finalised, amending national legislation will be introduced, if necessary.