Frank Smith
& Eco Services


Legislative Requirement

European Communities (Energy Performance of Buildings) Regulations 2006 (S.I. No. 666 of 2006), in compliance with Energy Performance of Buildings Directive (EPBD) adopted by the European Parliament and Council on 16th December 2002, which became European Law when published in the EU Official Journal on 4th January 2003.Subsequently the Building Control Bill 2005 was published in Ireland on 22nd December 2005 to implement the European regulations


To reduce carbon dioxide (CO2) emissions from buildings.

Article 7 of the EPBD requires an energy performance certificate, or Building Energy Rating (BER) as set out below:

“Member States shall ensure that, when buildings are constructed, sold, or rented out, an energy performance certificate is made available to the owner, or by the owner to the prospective buyer or tenant, as the case may be. The validity of the certificate shall not exceed 10 years”

Since 1st July 2010 all residential and non-residential buildings (new and existing) must have a BER before occupation, sale or rent.

There are exemptions for certain categories of buildings, e.g. protected structures and certain temporary buildings (Ref. S.I. No. 666 of 2006). There are fines of up to €5,000 for non-compliance with the regulations.
Qualified assessors, registered with the Sustainable Energy Authority of Ireland (SEAI), calculate Building Energy Ratings (BER’s). SEAI is the appointed Issuing Authority with responsibility for the registration of BER assessors, logging of BER assessments and ongoing management of the BER Scheme. The BER certificate will be downloadable from SEAI’s website at certificate is valid for up to 10 years provided no material change is made to the building that could alter its energy performance. In such cases a new BER is required.

Provisional BER

New homes offered for sale off plans also require a BER. In such cases a Provisional BER will be issued based on the design drawings and specifications. When the home is completed a full BER assessment is required. This BER must be supplied by the builder/developer on completion of any such home sold off plans. The maximum term of validity of a Provisional BER is 2 years.

To acquire a Building Energy Rating (BER)

From the 1st of January 2009 all residential buildings, both new and existing, will require a Building Energy Rating (BER) when offered for sale or rent. Frank Smith is a trained BER assessor, and is registered with Sustainable Energy Authority of Ireland Ireland ( as a BER assessor for new and existing dwellings.

If you would like to book a BER assessment, or would like more information on any aspect of the process, you may contact Frank by email at or by telephone at 087 255 1205.

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