BER Certificate requirements

rockbeer

Our house has been on the market for over year, and we've finally found a buyer. Marvellous.

So... the new regulations say that a Building Energy Rating cert is required for every home up for sale or rent from 1st Jan '09. But I've also heard it said that the cert is not required for properties that were offered for sale before the Jan 1st start date.

Source

So, just wondering whether anyone has an opinion to contribute? Do I or do I not need the cert?

Senna

I think they mean 'offered of sale' as in contracts signed last year but no completion. Not advertised for sale which is what your thinking. If the sale has not been finalised then you will need a BER cert.

rockbeer

Ah yes, that makes sense, thanks for that.

Mr.Diagnostic

We are in the same position. Contracts signed by the buyer last year but not yet by us. I guess it would depend on when the house is legally sold as its only houses for sale that require it.
Of course, that’s the legal opinion of a mechanic Question for the solicitor I suppose.

EKRIUQ

Solicitors have been instructed not to issue sale contracts until they have a BER for the property

Mr.Diagnostic

EKRIUQ wrote: »

Solicitors have been instructed not to issue sale contracts until they have a BER for the property

Thats very interesting since our contracts have been exchanged.

No6

If both parties have signed contracts before 31st December 2008 then a BER cert is not required for an existing house. If the contracts have not been signed then they are required, get one done even if your solicitor dosn't look for it, the buyer's now have the right to one and if its not fortcoming you may loose the sale which is not a good idea in the current climate.

partyguinness

Prob best to insert a condition into the contract stating that a BER cert shall be forthcoming on or before closing.

Mr.Diagnostic

I took the time to look into this and get an answer from the horses mouth, so to speak. Here is a copy/past of the email reply from SEI who are the governing body.

Hello **edit**,

Thank you for the email. The BER Regulations require that a BER is provided when a buildings is offered for sale or rent. If a house goes “sale agreed” before the 1st January 2009, it is no longer considered to be “offered for sale” so it does not require a BER, even if the contract are not signed until January/February or whenever. If however, the sale falls through after 1st January 2009 and the house is put on the market again, then it does need a BER.

Regards,

BER Helpdesk
Sustainable Energy Ireland
Telephone:1890 734 237
Email : info@ber.sei.ie
Website: www.sei.ie/ber
Sustainable Energy Ireland promotes and assists the development of sustainable energy.
SEI is funded by the Irish Government under the National Development Plan with programmes part financed by the European Union.

dandelion

Due to a major cock up on the part of SEI there are currently no tested assessors available to to provide a BER cert on a scondhand property. So nobody can comply with the legislation at present.

Mr.Diagnostic

But how can that be, I had 6 people prepared to take my money to do a cert? Also the OP of this thread paid for one.

Ste.phen

I know there was an issue with registration of BER accessors for existing property but i thought it was resolved?

mrgaa1

all current registered assessors can do a cert for a 2nd hand house - up until when SEI bring out a new exam for the 2nd hand houses. There are available courses to prepare for this eventuality

odds_on

Talk about digging up an old post.

mark sim, the last post before yours was dated Jan 2009 - we are now in 2011 and just a few months from 2012