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Is BER mandatory?

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  • 10-09-2010 10:16am
    #1
    vccarvalho
    Closed Accounts Posts: 18 ✭


    Hi there! I've recently rented a house in Ireland (I've just moved from another country). And it seems that I'm having some problems with keeping it warm, too many drafts on the windows. I did not know anything about BER until today. I've checked with my landowner about this problems, and he told me that they do not have an BER for the property. I'm really concerned about how much I'll end up spending on electricity.

    I don't know the tenant laws in Ireland, and I've been in the house for 3 days only now, if I can't get the BER, am I eligible to cease the lease without having to leave the security deposit?

    Regards


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    #2
    Misticles
    Registered Users Posts: 13,746 ✭✭✭✭Misticles


    afaik it's compulsory to have one before selling a house
    ie. no house can be sold without a BER rating.

    So eventually your landlord will have to get one.


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    #3
    3DataModem
    Registered Users Posts: 3,994 ✭✭✭3DataModem


    If you are a prospective purchaser or renter of a property, you are entitled to ASK for one and they MUST provide it.

    However I am not sure what the story is if you already live there.


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    #4
    3DataModem
    Registered Users Posts: 3,994 ✭✭✭3DataModem


    Who needs a BER?

    Last update Q1 2010.
    A seller must provide a BER to prospective buyers or tenants when a home is constructed, sold or rented under the following circumstances:
    • New homes where planning permission was applied for on or after the 1st of January 2007. A new dwelling (i.e. a dwelling that has never been sold or occupied) is exempt from the BER requirement if it had been the subject of a planning application submitted on or before 31 December 2006 and if it was substantially completed by 30 June 2008. "Substantially completed" means that the external walls have been erected.
    • All existing homes for sale or rent on or after the 1st of January 2009. An existing dwelling is a dwelling which has previously been sold and/or occupied.
    All new homes (even when not for sale) must have a BER certificate (barring those defined as being exempt above) before they are occupied as detailed under S.I. 666 under http://www.environ.ie/en/Legislation/DevelopmentandHousing/BuildingStandards/
    BER assessments performed on new dwellings will also help determine compliance to Part L of the Building Regulations.
    There are exemptions for certain categories of buildings (Ref. S.I. No.666 of 2006). For a more detailed list click here.


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    #5
    pooch90
    Registered Users Posts: 2,380 ✭✭✭pooch90


    If the house is cold an no BER cert was made available within (I think) a month of moving in, then just move.

    Given that the BER is a mandatory requirement, not having one should invalidate a fixed term lease, meaning the landlord has no fallback. There is also a large fine so landlords will not push it.


    By the way, this assumes you are not in a rent a room scheme or a listed building.


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