Implementation Dates

BERs are required in the following circumstances: New Dwellings A person offering a new dwelling for sale or letting (whether in writing or otherwise) is required to produce a copy of the BER to the building energy control authority for the area on demand and to any person expressing an interest in purchasing or renting the relevant building if planning permission was applied on or after 1st January 2007.

New Non-Residential Buildings: A person who offers a new building other than a dwelling, for sale or letting will be required to produce a copy of the BER to the building control authority on demand and to any person expressing an interest in purchasing or renting the relevant building if planning permission was applied for on or after 1st July 2008.

Existing Buildings (Dwellings and Non-Residential Buildings): A person who offers a new or existing building for sale or letting on or after 1st January 2009 is required to produce a copy of the BER to the building control authority on demand and to any person expressing an interest in purchasing or renting the relevant building.

Full details of exempt buildings can be found in the Regulations and include the following: a new dwelling for which planning permission was applied for or a planning notice was published on or before 31st December 2006 and is substantially completed on or before 30thJune 2008; a new building other than a dwelling, for which planning permission is applied for or a planning notice was published on or before 30th June 2008 and is substantially completed on or before 30th June 2010 except where such a building is being offered for a second or subsequent letting; Other exemptions include national monuments, protected structures, buildings or places of worship, and the regulations should be reviewed for full details.