What Happens if a Building Gets a Relatively Low BER?

There is no legal penalty for getting an inferior BER (e.g. “D1” as against “B1”) for a dwelling. However, new dwellings must comply with the “Conservation of Fuel and Energy” provisions of the Building Regulations.

The impact of a lower BER on the marketability of dwellings offered for sale or letting will depend on overall housing demand, other factors such as the location of the dwelling, and the availability/price of domestic fuels.