83% of Landlords are Ignoring BER Legislation
I have long suspected that most landlords in the rental sector are avoiding getting Building Energy Rating (BERs) Certificates on their properties. The results of a recent survey that we conducted in-house at National Energy Assessors (NEA) have confirmed this to be the case.
Of 800 landlords contacted during the month of August, we found that
- 84% of landlords have not acquired BERs for their properties
- 43% said they would obtain a BER when there was more compliance in the marketplace and
- 41% were considering getting a BER, but had not done so at the time their property was advertised.
The BER legislation which came into effect on the 1st of Jan last, states that a BER Certificate is required when a property is offered for sale, lease or rent. So according to our survey only 16% of landlords in the residential sector are actually complying with the law.
According to Ronan Carroll from NEA Kerry who spoke to a landlord with multiple properties in the South West Region,
“No-one has been looking for them, either students or the authorities, so he won’t be bothering getting the BERs done until such time as he is required to do so”
Similarly, Alan Fayne from the NEA Dublin Office has been in contact with a landlord who in early 2009 got a few BERs done on a couple of vacant units. He has had a number of subsequent vacant units since then, but has been able to rent them without being asked for a BER. Had he been asked for one by the authorities, he would have complied, but doesn’t want to spend any money unless he is forced to.
This survey proves that no one is policing the uptake of BERs in the rental sector in Ireland.
The Government has spent millions of Euros introducing and promoting the BER Programme, yet has failed to focus on its implementation which has led to low compliance levels, particularly in the rental sector. I think that this is nothing short of scandalous!
Landlords are probably unaware that by not having a BER, leases issued since the 1st January 2009 for new tenants are invalid.
Tenants should be looking at the BER of a property as it is a good indicator of its heating and lighting costs. The cost savings between a B rated and an E rated property can be as much as €1500 per annum. A lot of money in any economic climate!
So – what needs to happen in the residential rental market? It’s actually the Building Control Officers in the County Councils who are responsible for checking compliance in the marketplace. This is a bit of a cop out for SEI if you ask me. Surely the success of this programme has to be linked in some way with to its uptake.
The fact that all revenue generated through the BER Scheme goes to SEI, yet the County Councils have to supply the resources, without any additional funding, to implement the scheme is also a fundamental flaw in the process.
But whether it’s SEI or the Building Control Officer’s – something needs to happen..and soon!

