Building Energy Rating

Tuesday, 12 May 2026

Questions (701, 702)

Ciarán Ahern

Question:

701. Deputy Ciarán Ahern asked the Minister for Housing, Local Government and Heritage the number of BER exempt domestic properties in the State; and if he will make a statement on the matter. [34638/26]

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Ciarán Ahern

Question:

702. Deputy Ciarán Ahern asked the Minister for Housing, Local Government and Heritage whether there are any mechanisms in place to prevent spurious or incorrect BER exemption claims on domestic properties; if there is any oversight or monitoring of domestic properties which claim BER exemptions; and if he will make a statement on the matter. [34639/26]

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Written answers

Minister for Housing, Local Government and Heritage

I propose to take Questions Nos. 701 and 702 together.

The Sustainable Energy Authority of Ireland (SEAI) is the statutory agency responsible for the operation and management of the Building Energy Rating (BER) system in Ireland as required by the Energy performance of Buildings Directive (Recast 2024).

There are approximately 1.3 million domestic BER’s which have been carried out by Building Energy Rating Assessors whom are registered with SEAI. Assessments are in line with the requirements of the implementing regulation SI 243 of 2012 available at: www.irishstatutebook.ie/eli/2012/si/243/made/en/pdf.

The SEAI Code of Practice ensures that BER assessors have a clear understanding of their obligations to deliver a high-quality service. In addition, SEAI’s Quality Assurance System & Disciplinary Procedures (QADP) outlines the processes of the Quality Assurance System and Disciplinary Procedure for assessors.

The responsibility for obtaining a BER certificate and compliance with SI 243 of 2012 lies with the landlord or property owner. Where a person has been found guilty of an offence, for failure to comply with the regulations under Section 32 (1), they are liable on summary conviction to a class A fine. Where a person has been found guilty of an offence, for failure to comply with the regulations under Section 32(2), they are liable on summary conviction to a class A fine or imprisonment for a term not exceeding 3 months or both.

Under the implementing regulation, the categories of buildings listed below are exempted from the requirement to have a BER for the statutory purposes of sale, rental or advertising.

• national monuments.

• protected structures or proposed protected structures.

• places of worship or buildings used for the religious activities of any religion.

• certain temporary buildings.

• industrial buildings not intended for extended human occupancy with a low installed heating capacity (10 W/m2).

• non-residential agricultural buildings with a low installed heating capacity (10 W/m2).

• stand-alone buildings with a small useful floor area (<50m2).

Exempted buildings which have received an SEAI grant, however, still require a pre and post works BER in line with SEAI grant terms and conditions.

Each Local Authority has responsibility for deeming a building to be a protected structure and therefore BER exempt within its area. Each Local Authority is required to compile and maintain a public record of its protected structures and must follow certain procedures if it is proposed to deem a structure to be a protected structure. This involves notifying the owners and occupiers of the structure, Government, and other bodies of the proposal. These buildings are exempt from the requirement to have a BER. There are approximately 50,000 protected structures in Ireland.

Question No. 702 answered with Question No. 701.