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BER, WHEN CAN I SEE IT?

  • 01-10-2009 9:59am
    #1
    johneym
    Site Banned Posts: 344 ✭✭


    HI

    i am buying a house and after forcing the auctioneer to get a ber, now he is humming and hawing about letting me see it. I have already paid the deposit and want to now have the house thourghly checked out before I proceed. I have let the auctioneer know also that the sale is subject to the house being in a reasonable condition. I just want to know what the law says when can I see this cert? Or does it specify? I want to see it now but auctioneer wants to hand it over with the keys.

    Anyone know the factual law about this?

    Thanks,

    Johney


Comments

  • #2
    RVR
    Closed Accounts Posts: 54 ✭✭RVR


    http://www.sei.ie/Your_Building/BER/BER_FAQ/FAQ_BER/General/When_Does_the_Obligation_to_Produce_a_BER_Arise_.html
    From 1st Jan 2009:

    BER certificate must accompany an offer to sell or let a dwelling by the vendor or by the landlord or by their agent (e.g. auctioneer, estate agent, solicitor).

    In practice this does not always happen but stick your ground - sounds like he's trying to wriggle out of it.


  • #3
    No6
    Registered Users, Registered Users 2 Posts: 2,489 ✭✭✭No6


    You are supposed to be able to see one as soon as the property is put on the market, ie long before its too late. It dosnt specify much just gives you a general annualised energy use per m sq of the house but obviously if you are looking at to similar houses and one uses a lot more energy than the other what are you going to buy!!!

    Unfortunately the situation you describe is very very common at the moment, the BER's are being provided when the sale goes through. It will continue like this untill someone get taken to court for this practice by the local building controll authority but this being Ireland I don't forsee this happening for a long long time!!!

    You should employ an Architect, Technician, Engineer or Surveyor to inspect the house, boundaries, land registry maps, planning etc etc, they may also comment on the BER if it is available. Your solicitor should be telling you this.

    I hope this helps a little.


  • #4
    johneym
    Site Banned Posts: 344 ✭✭johneym


    thanks for the reply guys...gonna stick it to him!!


  • #5
    sydthebeat
    Subscribers Posts: 41,863 ✭✭✭✭sydthebeat


    as the guys have stated, the purpose of the BER is an aid fo rprospective purchasers to make an informed decision on the purchase of a dwelling.
    Thus the law states that the BER should be available for viewing when the property is offered for sale or rent.
    This, in essence means that every house for sale at the moment should have a BER certificate associated with it so that buyers can use it to inform their decision to buy or not. This isnt happening because Joe Public doesnt know enough to ask for it, and when they do ask they are told by auctioneers, quite incorrectly, that its not needed until the final agreement documents.

    Push this guy to let you see the cert. By right he should have the bloody thing stuck up somewhere conspicious in the dwellling for all to see. If he refuses, threaten to walk and alsothreathen to inform the local building control officer of his refusal to comply with a european law!!!


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