S.I. No. 243/2012 - European Union (Energy Performance of Buildings) Regulations 2012

• (2) Where an offence under these Regulations is committed by a body corporate, or by an unincorporated body of persons, or by a person purporting to act on behalf of a body corporate or on behalf of an unincorporated body of persons, and it is proved to have been committed with the consent or connivance of, or to be attributable to, any neglect on the part of any person who when the offence was committed, was, or purported to act as, a director, manager, secretary or other officer or member of such body, such other person as well as the body, or the person purporting to act on behalf of the body, commits an offence and is liable to be proceeded against and punished as if he or she were guilty of the first mentioned offence.

Penalties

• (1) Regulations 9(1), 15(1), 16(19), 16(20), 16(21), 16(22), 23(4), 24(4) and 25(5) of these Regulations is liable on summary conviction to a class A fine;

• (2) Regulation 30(5) of these Regulations is liable on summary conviction to a class A fine or imprisonment for a term not exceeding 3 months or both.

PART 6 MISCELLANEOUS

Heating and air-conditioning systems

• (a) the replacement of boilers,

• (b) potential modifications to the heating system, and

• (c) alternative solutions to assess the efficiency and appropriate size of the boiler.

• (2) The Issuing Authority may, from time to time, take such steps as are necessary to promote advice to the users of air-conditioning systems in accordance with the provisions of Article 15(4). Such advice may provide for—

• (a) the replacement of air-conditioning systems,

• (b) potential modifications to the air-conditioning system, and

• (c) inspections to assess the efficiency and appropriate size of the air-conditioning system.

Revocation

• (a) the European Communities (Energy Performance of Buildings) Regulations 2006 ( S.I. No. 666 of 2006 ),

• (b) the European Communities (Energy Performance of Buildings) (Amendment) Regulations 2008 ( S.I. No. 229 of 2008 ), and

• (c) the European Communities (Energy Performance of Buildings) (Amendment) (No. 2) Regulations 2008 ( S.I. No. 591 of 2008 ).

Transitional arrangements

• (2) A provisional BER certificate, and the accompanying advisory report, issued in accordance with the provisions of the Regulations of 2006 shall remain valid for the period of the certificate’s validity and that certificate, and the accompanying advisory report, shall be deemed to satisfy the provisions under Part 3 of these Regulations.

• (3) A DEC issued in accordance with the provisions of the Regulations of 2006 shall remain valid for the period of the certificate’s validity and that certificate shall be deemed to satisfy the provisions of Regulation 14 of these Regulations.

SCHEDULE 1 FORM OF BUILDING ENERGY RATING (BER) FOR DWELLING

SCHEDULE 2 FORM OF PROVISIONAL BUILDING ENERGY RATING (BER) FOR NEW DWELLING

SCHEDULE 3 FORM OF BUILDING ENERGY RATING (BER) FOR BUILDING OTHER THAN A DWELLING

SCHEDULE 4 FORM OF PROVISIONAL BUILDING ENERGY RATING (BER) FOR NEW BUILDING OTHER THAN A DWELLING

SCHEDULE 5 FORM OF DISPLAY ENERGY CERTIFICATE FOR LARGE BUILDINGS

GIVEN under my Official Seal,

9 July 2012.

PHIL HOGAN,

Minister for Environment, Community and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations provide for the transposition and implementation of Articles 1, 2, 3, 4(2), 6, 7, 11, 12, 13, 14(4), 15(4), 17, 18, 27, 28 and 29 of Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (recast).

Part 2 of these Regulations requires a person who commissions the construction of a new building to examine the technical, environmental and economic feasibility of installing high efficiency alternative energy systems at design stage. This requirement will apply to new buildings for which planning permission is applied for on or after 9 January 2013.

Part 3 of these Regulations provides that a Building Energy Rating (BER) certificate be secured when:—

• • a new building is offered for sale or for let on or after 9 January 2013;

• • an existing building is offered for sale or for let on or after 9 January 2013.

Where a new building is offered for sale or for let from plans, the Regulations provide that a provisional BER certificate be secured which will be replaced by a final BER certificate on completion of construction. This Part also requires that a building’s energy performance indicator be stated in advertisements relating to the sale or letting of the building.

In addition, on or after 9 January 2013, any building in excess of 500 m2 which is frequently visited by the public is required to display either a BER certificate or a Display Energy Certificate (DEC) in a prominent place clearly visible to members of the public. On and from 9 July 2015, this requirement is extended to all buildings in excess of 250 m2 which are frequently visited by the public when occupied by public bodies.

Part 4 of these Regulations provides that the Sustainable Energy Authority of Ireland shall be responsible, inter alia, for the administration of the BER system and sets out requirements in relation to the registration of BER assessors, the issue of BER certificates, quality assurance, the maintenance of records, databases and documents, fees and levies, the development of codes of practice for assessors and assessor training providers.

Part 5 of the Regulations provides for enforcement and sets out the powers of authorised officers and the penalties that may apply to any person guilty of an offence under these Regulations.

Part 6 of these Regulations provides that the Sustainable Energy Authority of Ireland may take such steps as are necessary to promote advice to the users of heating and air-conditioning systems in accordance with the alternative approach set out in Articles 14(4) and 15(4), and by extension Article 16, of the Directive.

Footnotes