BER required for final stage draw-down?

LowOdour

I was wondering if a BER cert was required before final stage mortgage draw-down? My engineer says yes, solicitor says no.

It is not a question of getting it, cus I will over the next month or so, but it is the only thing stopping me (according to engineer) from applying for final draw-down

LO

sydthebeat

it is legal required "prior to occupation"

the final draw down shouldnt be done until the house is ready for occupation.... and yet the BER cert is not legally required to draw the final stage down.
your engineer is not technically correct, but is probably applying the best procedural process to it.
Certification in accordance with planning permission and building regulations has nothing to do with the requirement for a BER prior to occupation of a new build, as the requirement comes under a completely different irish law, namely SI 666

muffler

sydthebeat wrote: »

it is legal required "prior to occupation"

the final draw down shouldnt be done until the house is ready for occupation.... and yet the BER cert is not legally required to draw the final stage down.
your engineer is not technically correct, but is probably applying the best procedural process to it.
Certification in accordance with planning permission and building regulations has nothing to do with the requirement for a BER prior to occupation of a new build, as the requirement comes under a completely different irish law, namely SI 666

+1

Have to agree with the above. The engineer is correct in asking for the BER cert but he doesn't need it though in order to issue the stage payment cert for the final drawdown of the mortgage. He may well look for it if he wishes to reference it in the Cert. Compliance as he may be of the opinion that the wording of the Cert of compliance imposes an onus on him to ensure that part L has been complied with.

Its my opinion that the solicitor would be the only person looking for details of the BER cert at the end of the day,

therightangle

sydthebeat wrote: »

Certification in accordance with planning permission and building regulations has nothing to do with the requirement for a BER

+1 Muffler

AFAIK, the BER is the only way to prove that the dwelling does comply with Part L, so how can anyone certify compliance with Planning & Building Regs if they havent got the BER done.

If I was giving a cert, I would refuse until I saw the BER results file first. Id imagine this is where the engineer was coming from.

sydthebeat

therightangle wrote: »

+1 Muffler

AFAIK, the BER is the only way to prove that the dwelling does comply with Part L, so how can anyone certify compliance with Planning & Building Regs if they havent got the BER done.

If I was giving a cert, I would refuse until I saw the BER results file first. Id imagine this is where the engineer was coming from.

you are getting things confused here.

the BER (Building Energy Rating) certification is produced by the DEAP procedure. This is required under SI 666. This is completely separate from Building regulations.

The same software, DEAP, is used to check compliance. building regulation compliance. So it is actually incorrect to insist on a published BEr certification in order to certify a build.

I would refuse until I saw the BER results file first

thats correct, only i would phrase it "until i saw the DEAP results first"

i read the OPs query as asking whether the "BER Certificate" is required for final drawdown, and technically it is not. Therefore the BER certificate is not required in order to certify compliance with building regulations.

therightangle

sydthebeat wrote: »

you are getting things confused here.

No confusion Syd, just omitted to explain that actually publishing the BER calculations is not required for compliance, but doing the calcs is.

Where you use the phrase "DEAP results", I think it causes less confusion to those who arent trained in this area to say "BER calculations", as they will end up requiring a BER assessor to do this in any case.

What you are saying is correct of course, but practically speaking, and to phrase it your way, it IS correct to insist on the BER calculations in order to certify a build, or another way, the BER calculations ARE required in order to certify compliance with building regulations.

caesarthechimp

Is there any point in the engineer doing all these calculations separately if someone else is being paid to produce the BER cert anyway?

If it happened that his calculations resulted in an indication of compliance, and subsequently the BER assessor reported a non-compliance according to his calculations, what would happen?

Much tidier to wait for the official cert I think.

sydthebeat

therightangle wrote: »

No confusion Syd, just omitted to explain that actually publishing the BER calculations is not required for compliance, but doing the calcs is.

Where you use the phrase "DEAP results", I think it causes less confusion to those who arent trained in this area to say "BER calculations", as they will end up requiring a BER assessor to do this in any case.

What you are saying is correct of course, but practically speaking, and to phrase it your way, it IS correct to insist on the BER calculations in order to certify a build, or another way, the BER calculations ARE required in order to certify compliance with building regulations.

while i know exactly what you are saying, and you havent contradicted anything iposted, or me likewiase; you are not answering the OPs query, if anything you are muddying the waters.

The query is simple, is a BER cert required for final draw down. A
Answer is no.

sydthebeat

Enrate wrote: »

Is there any point in the engineer doing all these calculations separately if someone else is being paid to produce the BER cert anyway?

If it happened that his calculations resulted in an indication of compliance, and subsequently the BER assessor reported a non-compliance according to his calculations, what would happen?

Much tidier to wait for the official cert I think.

if the engineer is certifying and his calculations indicate compliance, but the BER assessor indicates it doesnt.... .i think common sense would lead the two to communicate and find why there is a difference.

fealeranger

My bank asked for the provisional BER rating as part of thr pre-approval process for the mortgage. Now in saying this the woman on the phone asked if I had one and if I could send it into them would be more exact.