S.I. No. 346/2026 - European Union (Energy Efficiency Obligations Scheme) (Amendment) Regulations 2026

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 21st July, 2026.

I, DARRAGH O’BRIEN, Minister for Climate, Energy and the Environment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), for the purpose of giving further effect to Directive (EU) 2023/1791 of the European Parliament and of the Council of 13 September 2023¹ and for the purposes of giving further effect to Directive 2024/1275 of the European Parliament and of the Council of the 24 April 2024² , hereby make the following regulations:

Citation

1.

• (2) The Principal Regulations and these Regulations may be cited together as the Energy Efficiency Obligations Scheme Regulations 2025 to 2026 and shall be construed together as one.

Interpretation

2.

“Principal Regulations” means the European Union (Energy Efficiency Obligations Scheme) Regulations 2025 ( S.I. No. 683 of 2025 ).

Amendment of Regulation 12 of the Principal Regulations

3.

• (a) by substituting the following for paragraph (2)(b):

• “(b) (i) result in the achievement of a post-works BER of B or better for the dwelling concerned, or

  • (ii) meet the B pathway requirement,”

• (b) by substituting the following for paragraph (3)(a):

• “(a) (i) result in the achievement of a post-works BER of B or better for the dwelling concerned, or

  • (ii) meet the B pathway requirement,”

• (c) by substituting the following for (4)(b)(i):

• “(b) (i) the qualifying action implemented by the obligated party results in the achievement of a post-works BER of B or better”

• (d) in paragraph (6) –

• (i) by substituting the following definitions for the definitions of “BER” and “dwelling”:

“ ‘BER’ means a building energy rating within the meaning of the European Union (Energy Performance of Buildings) Regulations 2012 ( S.I. No. 243 of 2012 ) as amended by S.I. No. 168 of 2026 ;

‘dwelling’ has the meaning given to it in Regulation 3 of the European Union (Energy Performance of Buildings) Regulations 2012 ( SI. No. 243 of 2012 ) as amended by S.I. No. 168 of 2026 ;”, and,

• (ii) by deleting the definitions of “B2 or better” and “B2 pathway requirement” and inserting the following definitions:

“ ‘B or better’ means the indicators A0, A, or B as set out in a BER certificate (or, in the case of a BER certificate issued before 24 May 2026, when S.I. 168 of 2026 came into effect, B3, B2, B1, A3, A2, or A1), which are equivalent to a primary energy performance of 150 kWh/m2/yr or less;

‘B pathway requirement’ means that following the implementation of an energy efficiency improvement measure in a dwelling-

• (a) that dwelling has moved closer to achieving a post-works BER of B or better, and

• (b) the advisory report relating to the relevant BER certificate is discussed with, and provided to, the owner of occupant of the dwelling concerned;”

GIVEN under my Official Seal,

9 July, 2026.

DARRAGH O’BRIEN,

Minister for the Climate, Energy and the Environment.

Footnotes