Sandra McLellan (Cork East, Sinn Fein)
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To ask the Minister for Environment, Community and Local Government if housing associations, such as an association (details supplied), are obliged to have building energy rating assessments carried out if requested by their tenants; and if he will make a statement on the matter. [56022/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Where a building , including a dwelling, is commissioned or offered for sale or letting the European Communities (Energy Performance of Buildings) Regulations 2006 – 2008 require the building owner t o obtain a Building Energy Rating (BER) certificate and advisory report in respect of the building concerned and to provide a copy of same to any person who expresses an y interest in availing of the offer to sell or let the building . This statutory obligation also applies in the case of dwellings which are owned by housing associations and which are offered for sale or letting . However there is no statutory obligation on any landlord or housing association to obtain a building energy rating in respect of a building which was originally let to its current tenant on or before 1 January 2009 , the date on which the relevant statutory requirement came into general application. In such cases, the statutory obligation to obtain a BER certificate will arise if and when the dwelling is again offered for sale or letting.