Thomas Byrne (Meath East, Fianna Fail)
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Question 228: To ask the Minister for the Environment, Heritage and Local Government the estimates for compliance with recent legislation requiring building energy rating certificates; the proposals he will introduce to increase the enforcement of this legislation; and if he will make a statement on the matter. [36459/09]

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 by the European Communities (Energy Performance of Buildings) Regulations 2006 - 2008, introduced a requirement for a Building Energy Rating (BER) system. The Regulations clearly and unambiguously specify 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. At present there are some 74,000 Building Energy Rating (BER) certificates in place in respect of dwellings and over 2,000 BER certificates in place for buildings other than dwellings.

In relation to improving compliance, 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.

With regard to continuing to improve compliance with and awareness of the BER system, 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. SEI has already conducted a wide range of information and awareness campaigns and, later this Autumn, will engage in a further comprehensive advertising campaign to remind buyers of their rights and vendors of their obligations under the Regulations. In addition, the Renewed Programme for Government provides for the introduction of a mandatory requirement for the display of BER ratings where properties are advertised for sale or letting.