Preliminary Issues
Property Services (Regulation) Act 2011 (Minimum Standards) Regulations 2020
“Iris Oifigiúil” of 4th December, 2020.
The Property Services Regulatory Authority, in exercise of the powers conferred on it by section 95 of the Property Services (Regulation) Act 2011 (No. 40 of 2011), with the consent of the Minister for Justice (as adapted by the Justice and Equality (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 452 of 2020 )) and after consultation with sector representative bodies, forum members appearing to it to be representative of substantial numbers of licensees and licensees hereby makes the following regulations:
Citation and Commencement
1. (1) These Regulations may be cited as the Property Services (Regulation) Act 2011 (Minimum Standards) Regulations 2020.
(2) These Regulations come into operation on 30 November 2020.
Definitions
2. In these Regulations—
“Act” means the Property Services (Regulation) Act 2011 (No. 40 of 2011);
“client”, for the purposes of these Regulations, includes–
(a) a person for whom a property service is provided by a licensee, and
(b) in the event of the death, insolvency or other incapacity of a person who falls within paragraph (a) (in this definition referred to as the “person concerned”)–
(i) any person having authority to administer the estate of the person concerned,
(ii) any beneficiary under a will, intestacy or trust of the person concerned, or
(iii) any other personal representative of the person concerned;
“written” or “in writing” means any expression consisting of words or figures which can be read, reproduced and subsequently communicated, including information which is transmitted and stored by electronic means.
Registration of Business Name
3. (1) A licensee shall submit to the Authority, all business names used by the licensee in the provision of a property service, not later than 10 working days after the registration of the business name with the Companies Registration Office.
(2) Without prejudice to the generality of paragraph (1), where a business name is already registered with the Companies Registration Office, and is being used by the licensee and was not previously notified to the Authority, such business name, shall be notified to the Authority as part of the next licence renewal application.
Experience
4. A licensee shall not hold himself or herself out to a client or any other person as possessing experience, competence, training or resources, including financial resources, in respect of the provision of a property service, which he or she does not possess.
Conduct and Behaviour
5. (1) A licensee shall respond to all communications from a client by whatever means agreed with the client and within a reasonable timeframe.
(2) A licensee in the provision of a property service shall not act in a manner which is unlawful.
(3) Subject to paragraph (2), a licensee in the provision of a property service shall act in the interests of the client at all times.
(4) A licensee in the provision of a property service shall not exceed the authority granted by the client.
(5) A licensee shall, not later than 5 working days after receipt of a written request from a client, inform the client of the amount of money held in the client account of the licensee on behalf of that client, as at the date of the request.
(6) A licensee shall not maliciously do anything, directly or indirectly, to injure or undermine the reputation or business of another licensee.
Provision of Property Services by Unlicensed Persons
6. A property services employer, independent contractor or principal officer, shall not direct or facilitate in any way an individual, including a principal officer or employee, who is not licensed, to provide a property service except where the property service comes within the exemption provided for in section 3(1)(o) of the Act.
Inducement
7. (1) A licensee shall not seek or accept any form of inducement in respect of the provision of a property service.
(2) For the purposes of this Regulation, “inducement” means the promise, offer or giving, directly or through an intermediary, of a reward, advantage or enticement, or of a potential reward, advantage or enticement, whether monetary or otherwise, other than the fees agreed in the letter of engagement.
Expenses and Fees
8. (1) A licensee shall refund any unused advertising outlay to a client within the timeframe provided for in the letter of engagement or, if not specified, not later than 10 working days after the conclusion or termination of a property services agreement, or in exceptional circumstances, as soon as practicable thereafter.
(2) A licensee shall not charge any fee in respect of the sale or letting of land or incomplete sale or letting of land, including lease preparation, tenancy extension or tenancy renewal, to any person other than the licensee’s client for the purposes of the property service concerned.
(3) A licensee shall not express or imply, to any person that is not a client of the licensee, that fees, administration expenses or any other expenses due from the client to the licensee, in respect of the sale or letting of land, are to be borne by that person.
Service Provided Without Consideration
9. Where a licensee provides a service without consideration, that would otherwise be a property service were consideration provided, the person to whom the service is provided and any person who is making a payment to the licensee related to that service, shall be informed in writing that the service provided is not a property service within the meaning of the Act and will not be subject to any protections arising under the Act.
Provision of Information
10. (1) A licensee shall not knowingly produce, publish or circulate, or cause to be produced, published or circulated, by whatever means, false or misleading advertising information, including but not limited to, the following:
(a) sales records;
(b) sales prices achieved;
(c) experience of the licensee or any licensed principal officer or employee;
(d) fees charged or chargeable;
(e) applicable commission rates.
(2) A licensee shall not knowingly produce, publish or circulate, or cause to be produced, published or circulated, by whatever means, misleading information in respect of land or property other than land, advertised for auction, sale or to let.
(3) A licensee shall on receipt of a request in writing from—
(a) the vendor, prior to the sale of land or property other than land, or
(b) the purchaser following the sale of land or property other than land,
remove any advertisement relevant to the land or property other than land, including brochures, signage, websites and portals under the control of the licensee, as provided for in the letter of engagement or, if not specified, not later than 10 working days after receipt of the request, or as soon as practical thereafter.
(4) A licensee shall update any advertisement status relevant to land or property other than land, including brochures, signage, websites and portals under the control of the licensee, as provided for in the letter of engagement or, if not specified, not later than 10 working days after commencement of a tenancy or an unconditional contract for sale being completed, or as soon as practical thereafter.
(5) In the event of the termination of a property services agreement, a licensee shall remove any advertisements relevant to the land or property other than land, including brochures, signage, websites and portals under the control of the licensee, as provided for in the letter of engagement or, if not specified, not later than 10 working days after the termination of the property services agreement, or as soon as practical thereafter.
Breach of Letter of Engagement
11. A licensee shall not breach the terms of the letter of engagement, or other contract or agreement, or any terms of agency with his or her client, in respect of the provision of a property service.
Accepting Tenants
12. A licensee shall ensure that, where agreed with the client, prior to a tenant signing a tenancy agreement—
(a) such references as have been agreed have been received, and
(b) such reasonable checks as have been agreed have been conducted in respect of the validity of such references.
Timeframe to Transfer Payments in Relation to Tenancy
13. A licensee who receives a payment from a tenant on behalf of a client, shall transfer the payment to an account nominated by the client within such timeframe as agreed with the client in the letter of engagement or, if not specified, not later than 30 days after receipt of the payment. The payment shall be without deduction, unless instructed in writing by the client to make such deduction, or as otherwise provided for by contract or letter of engagement between the licensee and the client.
Notification of Termination of Tenancy
14. A licensee shall notify a client in writing, within a reasonable timeframe, on becoming aware that—
(a) the client’s tenant has indicated his or her intention to terminate the tenancy, or
(b) the client’s tenant has terminated the tenancy.
Offers to Purchase (Private Treaty) or to Rent
15. (1) Subject to paragraph (3), a licensee shall disclose to a client who has engaged the licensee for the purpose of the sale of land, other than by auction, or letting of land, by the means and within such timeframe as is agreed with the client, all offers to purchase or rent the land, including any conditions attaching to the offers, and all recorded price offers on the land, unless otherwise instructed in writing by the client.
(2) A licensee shall in respect of all offers to purchase land, other than by auction, or to rent land, provide written confirmation to each offeror on receipt of his or her offer.
(3) A licensee shall not express or imply to any person, including a client or his or her representative, that an offer has been received unless that offer has been received by the licensee.
(4) When disclosing an offer to purchase or to rent to a client under this Regulation, a licensee shall notify the client in writing that the offeror is—
(a) the licensee,
(b) a principal officer of the licensee,
(c) an employee of the licensee,
(d) the employer of the licensee,
(e) an employee of the licensee’s employer, or
(f) a connected relative of any person referred to in subparagraphs (a) to (e),
where the licensee knows or has reasonable grounds to believe that this is the case.
Deposits
16. (1) Where a licensee holds a security deposit (or any part thereof), in relation to the letting of land, which is due to be paid to a client or returned to a tenant, the licensee shall make such payment to the client or tenant as provided for in the letter of engagement or, if not specified, not later than 10 working days after the day the tenant vacates the property, save in exceptional circumstances.
(2) Where a licensee holds a booking deposit in relation to the sale of land (or any part thereof), which is due to be paid to the client, the licensee shall make such payment on written instruction from the client or the client’s solicitor, not later than 10 working days after receipt of the instruction, save in exceptional circumstances.
(3) Where a licensee holds a booking deposit in relation to the sale of land (or any part thereof) which is due to be refunded to a person other than a client, the licensee shall make such payment not later than 10 working days after the day on which the refund is due to be refunded, save in exceptional circumstances.
(4) A licensee shall not hold more than one booking deposit in relation to the sale of the same land at any given time, without reasonable cause.
Service Charges and Sinking Fund Contributions
17. (1) A licensee who is administering the collection of service charges or sinking fund contributions, on behalf of a management body of a multi-unit development, shall take all reasonable steps to collect the service charges and sinking fund contributions, as provided for in the letter of engagement or, if not specified, as instructed in writing by the client.
(2) A licensee who administers the collection of service charges or sinking fund contributions, on behalf of a management body of a multi-unit development, shall transfer all such monies to the relevant account of the management body, within the timeframe provided for in the letter of engagement or, if not specified, not later than 30 days after receipt of the monies.
Director of a Management Body of a Multi-Unit Development
18. (1) A licensee or a principal officer or employee of a licensee, shall not be a director of a management body of a multi-unit development, where property management services are provided to that management body by—
(a) the licensee,
(b) an employee of the licensee,
(c) the employer of the licensee,
(d) an employee of the licensee’s employer, or
(e) a licensee who is a beneficial owner of a company which is providing the property service.
(2) Where a licensee, or a principal officer or employee of a licensee is, on the making of these Regulations, a director of a management body of a multi-unit development, and is in a position which would place him or her in breach of paragraph (1), the licensee shall resign as director at the earliest opportunity, but no later than the next annual general meeting of the body.
(3) Nothing in paragraph (1) or (2) shall prevent a licensee or a principal officer or employee of a licensee who is a unit owner in a multi-unit development from becoming a director of, or providing a property service to, the management body of that development.
Financial or Other Services
19. A licensee shall not make the sale of land to a person conditional upon the licensee, or a subsidiary or associated body of the licensee, providing a financial service or other service relating to land, to that person.
Engagement of Legal Advisors
20. A licensee shall not make the provision of any of the following—
(a) the auction of property other than land,
(b) the purchase or sale, by whatever means, of land,
(c) the letting of land, or
(d) the provision of property management services,
conditional on the vendor, purchaser, lessor, lessee, tenant or directors of a management body of a multi-unit development, being represented by any particular legal advisor or firm of legal advisors.
Conflict of Interest
21. A licensee shall inform the client in writing, as soon as is reasonably possible on becoming aware of any conflict of interest, or potential conflict of interest, in relation to the provision of a property service.
The Minister for Justice consents to the making of the foregoing Regulations.
http://www.irishstatutebook.ie/images/ls
GIVEN under my Official Seal,
27 November, 2020.
HELEN MCENTEE,
Minister for Justice.
Given under the seal of the Property Services Regulatory Authority
27 November, 2020
MAEVE HOGAN,
Chief Executive, Property Services Regulatory Authority.
GERALDINE CLARKE
Chairperson, Property Services Regulatory Authority.
EXPLANATORY NOTE
(This note is not part of the instrument and does not purport to be a legal interpretation.)
These Regulations lay down standards to be observed by licensed property services providers under the Property Services (Regulation) Act 2011 in the provision of property services.
S.I. No. 199/2012 –
Property Services (Regulation) Act 2011 (Client Moneys) Regulations 2012.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 15th June, 2012.
The Property Services Regulatory Authority in exercise of the powers conferred on it by section 46 of the Property Services (Regulation) Act 2011 (No. 40 of 2011), hereby makes the following regulations:
Citation and commencement
1. (1) These Regulations may be cited as the Property Services (Regulation) Act 2011 (Client Moneys) Regulations 2012.
(2) These Regulations shall come into operation on the 11th June 2012.
Definitions
2. In these Regulations_
“accountant” means a person who_
(a) has been admitted as, and is, a member of a prescribed accountancy body,
(b) is currently practising in the profession of accountancy,
(c) is not and never has been a principal officer or employee, or an owner or part owner, of the licensee in respect of whom he or she is preparing an accountant”s report, and
(d) is maintaining such minimum level of professional indemnity insurance as is required by the prescribed accountancy body concerned;
“accountant”s report” has the meaning given to it in Regulation 12(1);
“accounting date” means the last date of the licensee”s accounting period in each year;
“accounting period” means the period of one year ending on the accounting date;
“accounting records” means the books of account and all other documents required to be maintained and kept by a licensee arising from the provision of property services, including loose-leaf books, cards and such other forms of permanent documents of record as are appropriate for the operation of, and the vouching of, an efficient accounting system, whether in written, mechanical, optical, electronic or other format;
“Act” means the Property Services (Regulation) Act 2011 (No. 40 of 2011);
“annual service charge” means the charge referred to in section 18 of the Multi-Unit Developments Act 2011 (No. 2 of 2011);
“associated firms” means 2 or more licensees having one or more principal officers in common;
“auditor” has the meaning given to it in section 2 (1) of the Companies Act 1963 (No. 33 of 1963);
“balancing date” means-
(a) the date expiring 6 months after the commencement of the accounting period in each year, and
(b) the accounting date at the end of the accounting period in each year;
“balancing statement” has the meaning given to it in Regulation 10(5)(a);
“books of account” means that part of a licensee”s accounting records which comprise the books of account required to be maintained by a licensee pursuant to these Regulations;
“client matter” means each separate matter the subject of a property services agreement;
“clients” ledger account” means that part of the books of account of a licensee which, in respect of each client matter, records the financial transactions between the licensee and his or her client, both on client account and on office account;
“documents” includes books of account, papers, records, vouchers, correspondence and files and shall be construed to include any documents stored, whether in written, mechanical, optical, electronic or other format;
“draft” means a bank draft and includes a transaction conducted electronically that is equivalent to a transaction by means of a draft;
“fees” means fees (including commission but not outlays) charged by a licensee to a client in a statement of fees and outlays furnished to that client and payable to the licensee in respect of property services which have been provided to that client and includes fees represented by moneys actually held by the licensee in the client account to the credit of the client concerned;
“in a timely manner” means within a period not exceeding 3 months after the date on which the licensee concerned has furnished to the client concerned a statement of fees and outlays (or an interim statement of fees and outlays, as the case may be) specifying the amount of the fees payable by the client and in respect of which fees the licensee may properly apply client moneys of the client concerned in satisfaction, in whole or in part, thereof;
“moneys” includes moneys in a currency other than that of the State, cheques, bank notes, postal orders, money orders or any form of negotiable or non-negotiable instrument, including payments by way of electronic payments, moneys deposited or otherwise credited to a bank account or moneys deposited or otherwise credited to a bank or other financial institution outside the State;
“moneys to which a licensee is beneficially entitled” means-
(a) moneys which fall within Regulation 6(6)(a)(ii),
(b) moneys which fall within Regulation 6(6)(a)(iii), or
(c) moneys which are held in client account to the credit of a client matter which the licensee is himself or herself beneficially entitled to share together with one or more clients, to the extent of the amount of the beneficial share of the licensee;
“office account” means a bank account (whether a current or a deposit account) opened and kept by a licensee at a bank in his or her name through which moneys belonging to the licensee are transacted in the course of and arising from the provision of property services, and a reference in these Regulations to office account refers to the totality of office accounts opened and kept by the licensee;
“office balancing statement” has the meaning given to it in Regulation 10(6)(b);
“office side of the clients” ledger account” means the record of financial transactions between a licensee and his or her client in respect of each client matter arising, other than on client account, in relation to that client;
“outlays” means disbursements made or to be made or expenses incurred or to be incurred by a licensee for and on behalf of a client in respect of the provision to that client of property services;
“prescribed accountancy body” has the meaning given to it in section 4 of the Companies (Auditing and Accounting) Act 2003 (No. 44 of 2003);
“relevant account” has the meaning given to it in section 47(2) of the Act;
“sinking fund” means the fund referred to in section 19 of the Multi-Unit Developments Act 2011 ;
“statement of fees and outlays” means a formal intimation in writing furnished by a licensee to a client of the amount of fees and, where applicable, outlays payable by the client concerned to the licensee in respect of the provision of property services, and “interim statement of fees and outlays” shall be construed in accordance with Regulation 8(2).
Licensees to whom these Regulations apply
3. (1) Subject to paragraphs (2) and (3), these Regulations shall apply to a licensee who is-
(a) a property services employer, or
(b) an independent contractor.
(2) Regulation 16 shall not apply to a licensee, referred to in paragraph (1), who does not provide a property management service.
(3) If a licensee referred to in paragraph (1) does not provide property services other than property management services, then only Regulations 1 to 4, 12, 13 and 16 shall apply to the licensee.
Keeping of client moneys
4. (1) A licensee, referred to in Regulation 3(1) and who does not fall within Regulation 3(3), shall keep client moneys in a client bank account which is kept in a bank in the State.
(2) A licensee, referred to in Regulation 3(3), shall deposit client moneys in a relevant account nominated by the client.
Opening and keeping of client accounts
5. (1) A licensee shall open and keep a client account and may, if he or she thinks fit, open and keep more than one client account.
(2) A licensee who keeps more than one client account shall keep all such accounts at the same bank unless the Authority otherwise authorises in writing.
(3) A licensee shall at all times keep proper accounting records to show all his or her dealings with, particulars of and information regarding, moneys received or held for, or paid to or on behalf of, each client.
(4) A licensee shall preserve accounting records kept by him or her under these Regulations for not less than 7 years from either the date of the last entry therein or the date of the last dealing with client moneys, whichever is the later.
General duty of licensees regarding client moneys
6. (1) A licensee shall pay moneys, without unnecessary delay, received by him or her for, or on behalf of, a client into client account unless the moneys-
(a) is received in the form of cash and is paid without unnecessary delay in cash to that client, or
(b) is received in the form of a cheque or other negotiable instrument, whether by way of electronic payment or not, which is endorsed over and delivered without unnecessary delay to that client.
(2) Without prejudice to the generality of paragraph (1), a licensee shall not be required to pay into client account such client moneys received by him or her which he or she pays into a separate bank account in the name of the client concerned or, where so instructed by the client in writing, of some other person.
(3) A licensee who receives, holds or controls moneys in respect of outlays not yet disbursed shall, without unnecessary delay, pay such moneys into client account and shall treat such moneys in all respects as client moneys.
(4) Where a licensee receives, holds or controls a cheque or draft which includes both moneys for a client and other moneys, he or she shall pay the cheque or draft in full into client account and withdraw therefrom the money that is not money for a client.
(5) A licensee shall ensure that no payment, other than money for a client, is made into client account except payment as is authorised to be made under paragraph (4) or is necessary in order to open or maintain the account or authorised under Regulation 7(1).
(6) A licensee shall not withdraw money from a client account except-
(a) subject to the amount of moneys withdrawn not exceeding the total of the moneys held for the time being in client account on behalf of the client concerned, in the case of client moneys-
(i) moneys properly required for the payment to the client or (in accordance with the instructions in writing of the client) to another person or persons on behalf of the client,
(ii) moneys properly required for or towards payment of an amount due to the licensee by the client in respect of outlays actually disbursed by the licensee on behalf of that client in the course of the provision of property services to the client,
(iii) moneys properly available to be applied by the licensee in satisfaction (in whole or in part) of fees payable by the client where it has been made clear to such client that the moneys held by the licensee for the client are being or will be applied by the licensee in satisfaction (in whole or in part) of such fees, provided that such moneys shall be transferred in a timely manner from client account to office account, or
(iv) moneys which are transferred into another client account in accordance with the instructions in writing of the client concerned,
(b) moneys which for any reason have been paid into the client account in error or otherwise in contravention of these Regulations, or
(c) as provided for in paragraph (4).
(7) A licensee shall not withdraw money from a client account unless-
(a) authorised to do so by virtue of paragraph (6), or
(b) authorised in writing to do so by the Authority upon application by the licensee to the Authority.
(8) A licensee shall ensure that withdrawal from a client account is-
(a) in the case of a withdrawal under paragraph (6)(a)(i), by-
(i) a transfer to a bank account in the name of the client concerned,
(ii) a cheque drawn in favour of the client concerned or that client”s legal representative, or
(iii) a cheque drawn in favour of another person on the instructions in writing of the client concerned,
and
(b) in the case of a withdrawal under subparagraph (ii) or (iii) of paragraph (6)(a) or under paragraph (6)(b), by-
(i) a cheque drawn on client account in favour of the licensee, the proceeds of which are then paid into office account, or
(ii) a transfer from client account to office account.
(9) A licensee shall ensure that money withdrawn from a client account for or towards reimbursement of money paid to the client concerned by the licensee out of his or her own funds does not exceed the amount paid to the licensee in respect of the corresponding transaction on behalf of that client and properly available in the client account for the purposes of such reimbursement.
(10) Where a licensee withdraws moneys from a client account by means of_
(a) a cheque drawn on that client account payable to any person (including the client concerned), or
(b) a cheque which is made payable to a bank in order to purchase a draft or other negotiable or non-negotiable instrument,
the payee details, to be recorded on the client account cheque and the cheque stub and requisition docket or other document of record in respect thereof maintained and kept by the licensee, includes-
(i) in the case of subparagraph (a), the name of the payee or other person who is to be credited with such payment, and
(ii) in the case of subparagraph (b), the name of the person shown as payee on such draft or other negotiable or non-negotiable instrument.
(11) A licensee shall not transfer an amount from the clients” ledger account of one client to the clients” ledger account of another client, other than in circumstances in which it would have been permissible for the licensee, under these Regulations, to have withdrawn, by means of a cheque drawn on the client account in favour of the second client, such amount debited against the first client and then to have paid the proceeds of that cheque into a client account credited to the second client, provided that-
(a) the licensee shall maintain and keep, in respect of each such transfer, such accounting records and other documents as will enable such transaction to be appropriately vouched, and
(b) the licensee shall record each such transaction in his or her books of account in the manner provided for in Regulation 10.
(12) Without prejudice to the provisions of paragraphs (1) to (4), it shall be a contravention of these Regulations for a licensee, having received client moneys, to fail without reasonable cause-
(a) to pay such client moneys into the appropriate client account (or client accounts), and
(b) to record such receipt in his or her accounting records.
(13) It shall be a contravention of these Regulations for a licensee to-
(a) allow a debit balance to arise on any clients” ledger account in respect of any of his or her clients, other than a debit balance which is fully offset by a credit balance arising on another clients” ledger account in respect of the same client, and
(b) discharge personal or office expenditure from client account.
Payment of moneys into client account by licensee
7. (1) Subject to paragraph (2), a licensee may pay into a client account such moneys as are-
(a) moneys to replace moneys which have been withdrawn from the client account in contravention of Regulation 6(7),
(b) moneys received by the licensee which include an amount being paid to the licensee by or on behalf of a client on account of outlays actually disbursed by the licensee in the course of the provision of property services to that client,
(c) a cheque or draft, to which Regulation 6(4) applies, received by a licensee which cannot be apportioned, or
(d) moneys which represent interest on client moneys, as provided for in Regulation 14.
(2) A licensee shall not hold moneys, to which the licensee is beneficially entitled, in a client account for longer than one month.
(3) It shall be a contravention of these Regulations for a licensee to pay into or hold in a client account moneys other than client moneys and any moneys referred to in paragraphs (1) and (2).
Duty to furnish statement of fees and outlays
8. (1) A licensee, on behalf of a client to whom a property service has been provided, shall as soon as may be furnish to such client a statement of fees and outlays, as provided for in the property services agreement, which specifies the amount of the fees and outlays payable by the client in respect of such property service.
(2) Nothing in paragraph (1) shall prevent a licensee from furnishing to a client an interim statement of fees and outlays for interim fees and outlays for property services already provided, where-
(a) the property service has not been fully completed, and
(b) client moneys held in client account on behalf of the client concerned are client moneys which that client has designated in writing as being in respect of such interim fees and outlays for property services already provided by the licensee.
Office account
9. (1) A licensee shall open and keep an office account and may, if he or she thinks fit, open and keep more than one office account and the licensee may pay into office account any moneys to which the licensee is beneficially entitled.
(2) A licensee shall, without unnecessary delay, pay all moneys received by him or her in respect of fees into client account or office account.
(3) Where a licensee pays moneys received by him or her in respect of fees into client account pursuant to paragraph (2), he or she shall then transfer such moneys in a timely manner after the receipt of the payment, from client account to office account, as provided for in Regulation 6(6)(a)(iii).
(4) A licensee shall, without unnecessary delay, record as a debit on the office side of the relevant clients” ledger account the amount of fees in any statement of fees and outlays furnished to a client.
(5) Subject to paragraph (6), it shall not be permissible under these Regulations for a credit balance to arise on the office side of a clients” ledger account and, where such a credit balance does arise, it shall be a contravention of these Regulations for the licensee concerned to fail, without delay, to correct the position as appropriate in the particular circumstances consequent on an investigation by him or her as to how such credit balance has arisen, including whether such credit balance has arisen as a result of-
(a) a failure to comply with Regulation 6(3) by lodging moneys in respect of outlays not yet disbursed to office account instead of to client account,
(b) a failure to comply with paragraph (4) by not recording as a debit on the office side of the relevant clients” ledger account the amount of fees in a statement of fees and outlays furnished to a client and where the subsequent receipt (in whole or in part) of such amount from the client has been recorded as a credit on the office side of that clients” ledger account,
(c) the payment into office account of moneys received from a client in excess of an amount payable by that client for fees the subject of a statement of fees and outlays, the furnishing of which has been recorded as provided for in paragraph (4), or
(d) another accounting or posting error.
(6) It shall not be a contravention of these Regulations for a credit balance to arise on the office side of a clients” ledger account where that credit balance is totally offset by a debit balance or balances arising on the office side of one or more other clients” ledger accounts in respect of the same client.
Accounting records to be maintained by licensees
10. (1) A licensee shall in the course of and arising from the provision of property services, maintain as part of his or her accounting records proper books of account and such relevant supporting documents as will enable client moneys handled and dealt with by the licensee to be duly recorded and the entries relevant thereto in the books of account to be appropriately and properly vouched.
(2) Without prejudice to the generality of paragraph (1), a licensee shall maintain books of account-
(a) which will show the true financial position in relation to the licensee”s transactions with client moneys and with other moneys transacted by him or her through client account, as referred to in Regulation 7(1), and
(b) which shall, in respect of each client, distinguish separately between-
(i) client moneys and moneys as specified in subparagraph (a), and
(ii) any other moneys received, held, controlled or paid by him or her.
(3) A licensee shall-
(a) at all times maintain a separate clients” ledger account for each client matter dealt with where client moneys are received, held, controlled or paid by the licensee,
(b) where applicable, maintain and keep on the relevant client matter file appropriate evidence of outlays disbursed out of moneys withdrawn from client account or disbursed out of moneys withdrawn from office account and recouped out of client moneys withdrawn from client account, and
(c) record each of his or her transactions with client moneys and with any other moneys transacted through client account as referred to in paragraph (2)(a), as appropriate, in a clients” ledger, and-
(i) in a clients” cash book, or
(ii) in a journal, where the particular transaction involves the transfer from one clients” ledger account to another clients” ledger account, which shall include a narrative explaining each such transaction.
(4) A licensee shall record in books of account each of his or her transactions on office account with moneys, other than client moneys or moneys referred to in paragraph (2)(a), as appropriate, in the following books of account-
(a) an office cash book (or the office side of a clients” cash book),
(b) an office ledger (or the office side of a clients” ledger account),
(c) an office ledger control account (to record the totals of all items that have been posted individually to the debit and credit columns of the office ledger), and
(d) nominal ledger accounts (to record the totals of all items that have been posted individually other than to the debit and credit columns of the clients” ledger account or the debit and credit columns of the office ledger).
(5)(a) A licensee shall, as of each balancing date, prepare a statement (in these Regulations referred to as a “balancing statement”) in the specified form comparing and balancing-
(i) the total of the credit balances due to his or her clients as extracted from the clients” ledger accounts provided that, without prejudice to the generality of Regulation 6(13)(a), the licensee shall not offset debit balances against credit balances other than a debit balance or balances arising on one or more clients” ledger accounts in respect of a client of the licensee which is or are totally offset by a credit balance or balances on one or more other clients” ledger accounts in respect of the same client,
(ii) the balance on the clients” ledger control account, and
(iii) the balance or balances of each client account opened and kept by the licensee, as appearing from current statements from the bank or banks in which such client account or accounts is or are so opened and kept, as adjusted for outstanding withdrawals and lodgements.
(b) Each balancing statement shall be completed not later than 2 months after the balancing date to which it relates.
(c) A licensee shall retain a copy of each such balancing statement.
(d) The balancing statements in respect of the accounting period in question shall be furnished by the licensee to his or her auditor or accountant and the information therein shall in turn be used by the auditor or accountant to form an opinion to be expressed in their report for the accounting period in question.
(6)(a) A licensee shall, not later than 2 months after each balancing date, extract a list of all debit and credit balances as of such balancing date arising on the office side of all relevant clients” ledger accounts.
(b) A licensee shall, not later than 2 months after the accounting date at the end of each accounting period, prepare a statement (in these Regulations referred to as an “office balancing statement”) comparing and balancing as of that accounting date-
(i) the balance on the office ledger control account, and
(ii) the total of the debit and credit balances, as extracted from the office side of all relevant clients” ledger accounts.
(c) The lists of all debit and credit balances prepared pursuant to subparagraph (a) together with the office balancing statement in respect of the accounting period in question shall be furnished by the licensee to his or her auditor or accountant and the information therein shall in turn be provided to the Authority in the specified form.
Minimum accounting records
11. (1) A licensee shall maintain and keep, in connection with the provision of property services, the following minimum accounting records:
(a) a cash book (or books) that shows (or show) separate cash transactions pertaining to office account and separate cash transactions pertaining to client account;
(b) an office ledger (or ledgers) and a clients” ledger (or ledgers) so as to distinguish clearly between transactions on office account and transactions on client account, with a separate account in the office ledger and a separate account in the clients” ledger for each client matter dealt with where client moneys are handled;
(c) a record of bank lodgements of moneys received by the licensee in connection with and arising out of the provision of property services, distinguishing between lodgements made to office account and lodgements made to client account;
(d) a journal of amounts transferred from one clients” ledger account to another clients” ledger account or to an office ledger account or from an office ledger account to a clients” ledger account, each entry therein to include a narrative explaining the transaction;
(e) a bank account register, detailing in respect of each office account and each client account, the bank, the branch thereof, the title or name designation of the account, the account number, the opening date, the names of those mandated to withdraw from the account and, where applicable, the date of closure;
(f) each client matter file, each containing all documents generated in the course of each such matter;
(g) a copy of each statement of fees and outlays (distinguishing between fees and outlays) furnished by the licensee to his or her clients, which shall be retained by the licensee in a statement of fees and outlays delivered book or on a file dedicated for that purpose;
(h) a copy of each balancing statement and each office balancing statement;
(i) a copy of each accountant”s report.
(2) A licensee shall retain for at least 7 years each of the accounting records maintained and kept pursuant to paragraph (1).
Verifying compliance with Regulations
12. (1) A licensee shall furnish to the Authority annually a report, in the specified form (in these Regulations referred to as the “accountant”s report”), signed by the licensee”s auditor or accountant stating that he or she has examined the accounting records of the licensee for the accounting period specified in the report and that the licensee has complied with the provisions of the Property Services (Regulation) Act 2011 and these Regulations-
(a) in the case of a licensee referred to in Regulation 3(1) and who does not fall within Regulation 3(3), relating to the keeping of accounts and to the opening and keeping of client accounts, and
(b) in the case of a licensee referred to in Regulation 3(3), relating to the keeping of accounts and the payment of client moneys into relevant accounts.
(2) Where a licensee proposes to change his or her accounting date, such that it would extend the accounting period to a period longer than one year from the immediately preceding accounting date, the prior consent in writing of the Authority shall be required for such change.
(3) A licensee shall satisfy himself or herself that the person completing the accountant”s report is an auditor or accountant within the meaning of these Regulations.
Examination by auditor or accountant
13. (1) For the purpose of preparing an accountant”s report, a licensee shall furnish to the auditor or accountant, for the purposes of enabling the auditor or accountant to carry out an examination of the licensees accounting records-
(a) particulars of each bank account (whether office account or client account) opened and kept by the licensee in connection with the provision of property services at any time during the accounting period to which the accountant”s report will relate, and
(b) any document or documents requested by the auditor or accountant which the auditor or accountant considers necessary to inspect.
(2) Nothing in this Regulation shall require the auditor or accountant, in the course of his or her preparation of a licensee”s accountant”s report in respect of an accounting period under review, to extend his or her examination wider than what should be ascertainable from the licensee”s accounting records, duly maintained by the licensee in accordance with these Regulations, relating to any client matter produced to the auditor or accountant, supplemented by such information and explanations as the auditor or accountant may obtain from the licensee or from the licensee”s bank or banks.
(3) Where, after carrying out an examination, as appropriate, it appears to the auditor or accountant that there is evidence that these Regulations have not been complied with by the licensee concerned, the licensee shall provide the auditor or accountant with all the information and documentation necessary to enable the auditor or accountant to carry out such further examination as he or she considers necessary in order to complete the accountant”s report with or without qualification.
(4) Where a licensee has 2 or more places of business-
(a) the licensee shall ensure that each place of business has the same accounting date, and
(b) the accountant”s report for each accounting period under review that is furnished by the licensee to the Authority shall be prepared by the same auditor or accountant as if each place of business together comprised one place of business.
Payment of interest on client moneys
14. (1) Interest received by a licensee on client moneys, held by the licensee on account for his or her clients generally in an interest-bearing client account, shall, save as provided in paragraphs (2) and (3), not be considered to be client moneys for the purposes of these Regulations.
(2) A licensee who opens and maintains an interest-bearing client account for client moneys held by the licensee solely for the benefit of a specified client shall treat the amount of interest credited by the bank concerned to such client account as additional client moneys held by the licensee for such client and the amount of such interest so credited shall be held in the client account to the credit of the specific client concerned until such time as it is paid out by the licensee to that client or with the instructions in writing of the client concerned.
(3) Subject to paragraph (4), a licensee who opens and maintains an interest-bearing client account for client moneys held by the licensee for the benefit of more than one client shall, within a period of 3 months or by the next accounting date, whichever is the later, after the date on which an amount of interest has been credited by the bank or banks concerned to such client account, calculate the amount of such interest due to the individual clients concerned and-
(a) credit to the appropriate clients” ledger account of each individual client concerned the specific amount of such interest due to that client and, thereafter, such specific amount so credited to that client shall be treated by the licensee as additional client moneys held by the licensee for that client, or
(b) transfer from client account to office account the amount of such interest so credited to the extent that it has not already been paid out of client account by the licensee to an individual client or clients entitled to be paid interest, and the licensee shall designate such amount so transferred as being interest earned on client account.
(4) A licensee shall not be required to account for, or pay, interest on client moneys received by him or her for or on account of the client, to the client where the amount of interest would be less than €50 in respect of any one client matter.
(5) A licensee who has a liability to a client, other than a client referred to in paragraph (2), for interest pursuant to this Regulation shall pay the amount due to the client (whether by one or more separate payments)-
(a) out of client account up to but not exceeding the amount of interest at that time standing to the credit of the client account, whether or not the amount being paid to the client also includes all or part of other moneys at that time standing to the credit of the client in client account, or
(b) out of office account.
Obligations of licensee to make good moneys to client account
15. Where any amount of moneys which has for any reason been withdrawn from client account in contravention of Regulation 6(7), the licensee shall pay that amount into client account in accordance with Regulation 7 and the licensee shall also pay into client account all interest accruing on such amount for the period during which such amount was withdrawn from client account.
Accounting for moneys lodged to relevant account
16. (1) A licensee who receives money in respect of annual service charge (or charges) or sinking fund contribution payable to the management body concerned shall-
(a) without unnecessary delay, pay it into the relevant account, and
(b) where the money was received in the form of cash, furnish each such member of the management body with a receipt in writing.
(2) A licensee shall at all times keep such properly written up and maintained accounting records as may be necessary to show all his or her dealings with, particulars of and information regarding, moneys received by him or her for or on behalf of each client.
(3) A licensee may, in the course of and arising from the provision of property management services, open and keep in a bank or banks more than one office account as he or she thinks fit and a licensee may pay into office account any moneys to which a licensee is beneficially entitled.
(4) A licensee shall, without unnecessary delay, pay all moneys received by him or her in respect of fees directly into office account.
(5) A licensee shall, at all times in the course of and arising from the provision of property management services, maintain (as part of his or her accounting records) proper books of account and such relevant supporting documents as will enable client moneys handled and dealt with by the licensee to be duly recorded and the entries relevant thereto in the books of account to be appropriately vouched.
(6) Without prejudice to the generality of paragraph (5), a licensee shall-
(a) maintain books of account which-
(i) will show the true financial position in relation to the licensee”s transactions with client moneys, and
(ii) shall, in respect of each client, distinguish separately between client moneys and any other moneys received, held or controlled by him or her,
(b) at all times, in respect of each client, maintain-
(i) a separate clients” ledger account,
(ii) a separate annual service charge account, and
(iii) a sinking fund contributions account,
and
(c) record each of his or her transactions with client moneys in a journal, where all moneys received from management body members in respect of annual service charges and sinking fund contributions are recorded, such journal record to include a narrative explaining each such entry where necessary.
(7)(a) A licensee shall furnish a client with a statement of fees and outlays, as provided for in the property services agreement, which specifies the amount of the fees and outlays payable by the client in respect of the property management service provided.
(b) Nothing in subparagraph (a) shall prevent a licensee from furnishing to a client an interim statement of fees and outlays for interim fees and outlays for property management services already provided, where the property service has not been fully completed.
(8) A licensee shall maintain and keep, in connection with the provision of property management services, the following minimum accounting records:
(a) a cash book (or books) that shows (or show) separate cash transactions pertaining to office account and separate cash transactions pertaining to relevant account;
(b) an office ledger (or ledgers) and a clients” ledger (or ledgers) so as to distinguish clearly between transactions on office account and transactions on relevant account;
(c) a record of bank lodgements of moneys received by the licensee in connection with and arising out of the provision of property management services, distinguishing between lodgements made to office account and lodgements made to relevant account;
(d) a bank account register detailing in respect of each office account-
(i) the bank and the branch thereof,
(ii) the title or name designation of the account,
(iii) the account number,
(iv) the opening date,
(v) the names of those mandated to withdraw from the account, and
(vi) where applicable, the date of closure;
(e) a bank account register detailing in respect of each relevant account-
(i) the bank and the branch thereof,
(ii) the title or name designation of the account, and
(iii) the account number;
(f) a copy of each statement of fees and outlays (distinguishing between fees and outlays) furnished by the licensee to his or her clients, which shall be retained by the licensee in a statement of fees and outlays delivered in a book or on a file dedicated for that purpose;
(g) a copy of each accountant”s report.
(9) Moneys payable to the relevant account which have been paid in error into an account other than the relevant account shall, as soon as may be after the licensee becomes aware of the error, be made good by the licensee and all interest accruing on such moneys from the date on which the moneys were paid into the account concerned shall also be made good by the licensee.
(10)(a) A licensee shall preserve accounting records kept by him or her under this Regulation for not less than 7 years from either the date of the last entry therein or the date of the last dealing with client moneys, whichever is the later, except where such records have been transferred to the management body concerned.
(b) Where accounting records referred to in subparagraph (a) have been transferred to a management body, the licensee shall obtain from the management body a receipt outlining the records so transferred and preserve the receipt for not less than 7 years from the date of the transfer of the records.
(11) It shall be a contravention of this Regulation for a licensee having received client moneys to fail, without reasonable cause, to-
(a) pay such client moneys into the relevant account, and
(b) record such receipt in his or her accounting records.
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GIVEN under the seal of the Property Services Regulatory Authority,
11th June 2012.
THOMAS LYNCH,
Chief Executive , Property Services Regulatory Authority.
http://www.irishstatutebook.ie/images/ls
11th June 2012.
GERALDINE CLARKE,
Chairperson, Property Services Regulatory Authority.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations contain detailed provisions concerning the protection of client moneys.
S.I. No. 182/2012 –
Property Services (Regulation) Act 2011 (Professional Indemnity Insurance) Regulations 2012.
“Iris Oifigiúil” of 5th June, 2012.
The Property Services Regulatory Authority in exercise of the powers conferred on it by section 95 of the Property Services (Regulation) Act 2011 (No. 40 of 2011), with the consent of the Minister for Justice and Equality, hereby makes the following regulations:
Citation and commencement
1. (1) These Regulations may be cited as the Property Services (Regulation) Act 2011 (Professional Indemnity Insurance) Regulations 2012.
(2) These Regulations shall come into operation on the 30 May 2012.
Interpretation
2. In these Regulations—
“Act” means the Property Services (Regulation) Act 2011 (No. 40 of 2011);
“authorised insurer” means an insurer that holds an authorisation to carry on insurance business for the purposes of Council Directive 73/239/EEC of 24 July 19731 or that is otherwise entitled to carry on non-life insurance business in the State;
“insolvency event”, in relation to an authorised insurer, means—
(a) the appointment of a liquidator, receiver, administrative receiver, administrator or examiner to the authorised insurer (or an analogous appointment being made in respect of the authorised insurer in any jurisdiction outside the State),
(b) the passing by the members of an authorised insurer of a resolution for a voluntary winding-up (or an analogous step being taken in relation to an authorised insurer in any jurisdiction outside the State),
(c) the making of a winding-up order in relation to an authorised insurer (or an analogous order being made in relation to an authorised insurer in any jurisdiction outside the State), or
(d) the approval of a voluntary arrangement or similar form of composition with creditors in respect of an authorised insurer (or an analogous event occurring in relation to an authorised insurer in any jurisdiction outside the State);
“insured” means—
(a) a licensee, or
(b) each principal officer, employee or agent, or former principal officer, employee or agent, of the licensee;
“non-performance event”, in relation to an authorised insurer, means the loss by that authorised insurer of its ability to lawfully fulfil any obligations undertaken by it in respect of professional indemnity insurance in the State (whether by withdrawal or qualification of its authorisation to do so or otherwise);
“period of cover” means the period during which a claim under a policy of insurance is not precluded by the Statute of Limitations 1957 (No. 6 of 1957);
“period of indemnity”, in relation to a licence, means—
(a) the period of 12 months starting on the date the licence was issued, or
(b) any subsequent period of 12 months for which the licence has been renewed under section 35 of the Act;
“run-off cover” means a policy or policies of insurance for a licensee whose business ceases during or on expiry of a period of indemnity and there is no succeeding business, which, in the case of a single such policy or arrangement, includes the same terms and conditions as those provided under the insurance in place in respect of the relevant business or, in the case of a number of such policies or arrangements, taken together include the same terms and conditions as those provided under the insurance in place in respect of the relevant business;
“run-off period” means the period of 7 years from the end of the licensee’s last period of indemnity during which, or at the end of which, the licensee’s business ceases, and a licensee’s business shall not be deemed to have ceased for the purposes of this definition where there is a succeeding business;
“self-insured excess” means an amount that the insured is required, by the terms of any contract between the insured and the insurer, to pay to the claimant in the event of a claim;
“succeeding business” means a business that is largely similar to, or has succeeded to, the business formerly carried on by a licensee.
Licensees to whom these Regulations apply
3. These Regulations shall apply to a licensee who is—
(a) a property services employer, or
(b) an independent contractor.
Maintenance of professional indemnity insurance
4. (1) A licensee who provides a property service during an indemnity period shall, subject to and in accordance with these Regulations, procure and maintain in place, for the entire duration of that provision, professional indemnity insurance with a minimum scope and level of cover as set out in Regulations 5 and 6.
(2) A licensee to whom paragraph (1) applies shall be required to procure and maintain professional indemnity insurance as at and from the commencement of any period of indemnity in which the licensee carries on a business.
(3) A licensee shall provide to the Authority evidence that he or she has procured and is maintaining professional indemnity insurance in accordance with these Regulations as the Authority may from time to time require.
Scope of cover
5. The professional indemnity insurance procured and maintained by a licensee in accordance with Regulation 4(1) shall—
(a) indemnify each insured against claims in respect of any description of civil liability incurred by an insured arising from any provision of property services during the period of cover provided that—
(i) a claim in respect of such civil liability is first made against the insured during the period of indemnity, or
(ii) such civil liability arises from circumstances first notified to the insurer during the period of indemnity,
and
(b) indemnify the insured against defence costs in relation to any claim referred to in subparagraph (a) and provide that such defence costs will be met by the insurer as and when they are determined due and payable.
Minimum level of cover
6. The professional indemnity insurance procured and maintained by a licensee in accordance with Regulation 4(1) shall—
(a) provide that the amount insured for each and every claim (exclusive of defence costs) is at least twice the licensee’s annual fee income (exclusive of value-added tax) in the previous fiscal year,
(b) provide a minimum cover of €500,000 with no limitation on the number of claims in any one year, and
(c) provide unlimited cover for defence costs.
Self-insured excess
7. (1) A licensee shall be permitted to agree with his or her authorised insurer a self-insured excess in respect of professional indemnity insurance to be borne by the licensee in the event of a claim, provided that the authorised insurer has agreed that, in any case where the licensee defaults in making payment of any part of such self-insured excess to a claimant when lawfully due, the authorised insurer will pay the outstanding amount directly to the claimant.
(2) Where a self-insured excess referred to in paragraph (1) is agreed between the licensee and the authorised insurer, the relevant insurance policy shall provide that that excess does not reduce or limit the liability of the insurer specified in Regulation 6.
(3) The self-insured excess referred to in paragraph (1) shall not apply to defence costs.
(4) Every licensee shall make prompt payment to a claimant, in the event of a claim being upheld against it, of the amount of any self-insured excess provided for under the policy of insurance when the same is lawfully due to the claimant.
Maintenance of insurance in run-off
8. (1) Subject to paragraph (3), where immediately prior to the commencement of a run-off period, a licensee held professional indemnity insurance with an authorised insurer, the licensee shall maintain in place run-off cover with an authorised insurer during the run-off period in respect of the licensee’s former business and such cover shall be provided on the basis of the terms and conditions of the relevant policy of insurance which applied during the final period of indemnity.
(2) Where—
(a) the licensee’s business ceases during or on expiry of a period of indemnity, and
(b) there is no succeeding business, that holds professional indemnity insurance in respect of the licensee’s business,
then the licensee shall ensure that the insurance provides run-off cover for the first 7 years from the date upon which the licensee’s last period of indemnity expires.
(3) The run-off cover mentioned in paragraph (1) shall provide that the cover may only be cancelled on terms to be agreed between the insurer and the licensee where—
(a) the licensee has obtained replacement insurance with an alternative authorised insurer,
(b) the authorised insurer under the replacement insurance referred to in subparagraph (a) has confirmed in writing to the licensee and to the authorised insurer under the relevant run-off cover that it is providing insurance on the basis that the licensee’s business being indemnified is to be treated as a continuation of the licensee’s business prior to the cessation thereof and that, accordingly, it will be liable for any claims against the licensee arising from matters that occurred prior to the cessation, and
(c) the authorised insurer under the replacement insurance referred to in subparagraph (a) has provided any required confirmations of coverage to the Authority pursuant to these Regulations.
(4) A licensee or former licensee shall provide to the Authority such evidence that the licensee or former licensee, as the case may be, has established and is maintaining run-off cover as required pursuant to paragraph (1) as the Authority may from time to time require.
Insolvency of authorised insurers and other events
9. (1) Where a licensee has procured professional indemnity insurance or run-off cover with an authorised insurer in accordance with Regulation 4 or 8 and an insolvency event or non-performance event occurs in respect of the authorised insurer, the licensee-shall, as soon as reasonably practicable and in any event not later than 10 working days after the date upon which such insolvency event or non-performance event occurs (but not counting the date upon which such event occurs) establish and maintain in place professional indemnity insurance or run-off cover with an authorised insurer that is unaffected by an insolvency event or non-performance event.
(2) A licensee shall provide to the Authority, or procure that there is provided to the Authority on the licensee’s behalf, confirmation in any form designated by the Authority that the licensee has procured and is maintaining professional indemnity insurance or run-off cover within 10 working days of the insolvency event or non-performance event that gives rise to the obligation to establish and maintain professional indemnity insurance or run-off cover pursuant to paragraph (1).
Retroactive cover
10. Where a licensee has procured professional indemnity insurance or run-off cover with an authorised insurer and subsequently transfers the insurance to another authorised insurer, the licensee shall ensure that the authorised insurer under the replacement insurance provides retroactive cover and accepts liability for any claims against the licensee arising from the provision of property services insured by the former insurer during the period of cover.
Provision of information to claimants
11. Where a person asserts a claim against an insured which relates to a matter within the scope of cover of the insurance, the insured shall furnish to the claimant—
(a) details of the identity of the authorised insurer,
(b) any applicable insurance reference number, and
(c) the authorised insurer’s contact details.
The Minister for Justice and Equality consents to the making of the foregoing Regulations.
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GIVEN under my Official Seal,
30 May 2012.
ALAN SHATTER,
Minister for Justice and Equality.
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GIVEN under the seal of the Property Services Regulatory Authority,
30 May 2012.
THOMAS LYNCH,
Chief Executive,property Services Regulatory Authority.
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GERALDINE CLARKE,
Chairperson, Property Services Regulatory Authority.
EXPLANATORY NOTE
(This note is not part of the instrument and does not purport to be a legal interpretation.)
These Regulations require providers of property services under the Property Services (Regulation) Act 2011 to maintain a prescribed level of professional indemnity insurance coverage. The Regulations only apply to licensed property services employers and independent contractors.
1 OJ No. L 228 16.08.1973, p. 3
S.I. No. 161/2020 –
Property Services (Regulation) Act 2011 (Professional Indemnity Insurance) (Amendment) Regulations 2020
“Iris Oifigiúil” of 12th May, 2020.
The Property Services Regulatory Authority, in exercise of the powers conferred on it by section 95 of the Property Services (Regulation) Act 2011 (No. 40 of 2011), with the consent of the Minister for Justice and Equality, hereby makes the following regulations:
1. These Regulations may be cited as the Property Services (Regulation) Act 2011 (Professional Indemnity Insurance) (Amendment) Regulations 2020.
2. The Property Services (Regulation) Act 2011 (Professional Indemnity Insurance) Regulations 2012 ( S.I. No. 182 of 2012 ) are amended by –
(a) in Regulation 2, in the definition of “period of indemnity”, the insertion of “subject to Regulation 2A,” after “in relation to a licence,”,
(b) the insertion of the following Regulation after Regulation 2:
“Meaning of period of indemnity in certain circumstances
2A. Where the Authority, with the consent of the Minister, has prescribed by regulations, made under section 95 for the purposes of section 31(6), a period longer than one year for a licence to remain in force, the reference in the definition of ”period of indemnity“ to 12 months shall, in each place it occurs, be taken to be a reference to that longer period.”,
and
(c) in Regulation 4(1), the substitution of “a period of indemnity” for “an indemnity period”.
The Minister for Justice and Equality consents to the making of the foregoing Regulations.
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GIVEN under the Official Seal of the Minister for Justice and Equality.
7 May, 2020.
CHARLES FLANAGAN,
Minister for Justice and Equality.
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Given under the seal of the Property Services Regulatory Authority,
7 May, 2020.
MAEVE HOGAN,
Chief Executive, Property Services Regulatory Authority.
GERALDINE CLARKE,
Chairperson, Property Services Regulatory Authority.
EXPLANATORY NOTE
(This note is not part of the instrument and does not purport to be a legal interpretation)
These Regulations amend the Property Services (Regulation) Act 2011 (Professional Indemnity Insurance) Regulations 2012 to provide that where the Authority, with the consent of the Minister, has prescribed a period longer than one year for a licence to remain in force, the reference in the definition of “period of indemnity” to 12 months shall be taken to be a reference to that longer period. The purpose of this amendment is to ensure that the Professional Indemnity Insurance Regulations continue to apply to any licences that are extended by Regulations made by the Authority.
S.I. No. 564/2020 –
Property Services (Regulation) Act 2011 (Minimum Standards) Regulations 2020
The Property Services Regulatory Authority, in exercise of the powers conferred on it by section 95 of the Property Services (Regulation) Act 2011 (No. 40 of 2011), with the consent of the Minister for Justice (as adapted by the Justice and Equality (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 452 of 2020 )) and after consultation with sector representative bodies, forum members appearing to it to be representative of substantial numbers of licensees and licensees hereby makes the following regulations:
Citation and Commencement
1. (1) These Regulations may be cited as the Property Services (Regulation) Act 2011 (Minimum Standards) Regulations 2020.
(2) These Regulations come into operation on 30 November 2020.
Definitions
2. In these Regulations—
“Act” means the Property Services (Regulation) Act 2011 (No. 40 of 2011);
“client”, for the purposes of these Regulations, includes–
(a) a person for whom a property service is provided by a licensee, and
(b) in the event of the death, insolvency or other incapacity of a person who falls within paragraph (a) (in this definition referred to as the “person concerned”)–
(i) any person having authority to administer the estate of the person concerned,
(ii) any beneficiary under a will, intestacy or trust of the person concerned, or
(iii) any other personal representative of the person concerned;
“written” or “in writing” means any expression consisting of words or figures which can be read, reproduced and subsequently communicated, including information which is transmitted and stored by electronic means.
Registration of Business Name
3. (1) A licensee shall submit to the Authority, all business names used by the licensee in the provision of a property service, not later than 10 working days after the registration of the business name with the Companies Registration Office.
(2) Without prejudice to the generality of paragraph (1), where a business name is already registered with the Companies Registration Office, and is being used by the licensee and was not previously notified to the Authority, such business name, shall be notified to the Authority as part of the next licence renewal application.
Experience
4. A licensee shall not hold himself or herself out to a client or any other person as possessing experience, competence, training or resources, including financial resources, in respect of the provision of a property service, which he or she does not possess.
Conduct and Behaviour
5. (1) A licensee shall respond to all communications from a client by whatever means agreed with the client and within a reasonable timeframe.
(2) A licensee in the provision of a property service shall not act in a manner which is unlawful.
(3) Subject to paragraph (2), a licensee in the provision of a property service shall act in the interests of the client at all times.
(4) A licensee in the provision of a property service shall not exceed the authority granted by the client.
(5) A licensee shall, not later than 5 working days after receipt of a written request from a client, inform the client of the amount of money held in the client account of the licensee on behalf of that client, as at the date of the request.
(6) A licensee shall not maliciously do anything, directly or indirectly, to injure or undermine the reputation or business of another licensee.
Provision of Property Services by Unlicensed Persons
6. A property services employer, independent contractor or principal officer, shall not direct or facilitate in any way an individual, including a principal officer or employee, who is not licensed, to provide a property service except where the property service comes within the exemption provided for in section 3(1)(o) of the Act.
Inducement
7. (1) A licensee shall not seek or accept any form of inducement in respect of the provision of a property service.
(2) For the purposes of this Regulation, “inducement” means the promise, offer or giving, directly or through an intermediary, of a reward, advantage or enticement, or of a potential reward, advantage or enticement, whether monetary or otherwise, other than the fees agreed in the letter of engagement.
Expenses and Fees
8. (1) A licensee shall refund any unused advertising outlay to a client within the timeframe provided for in the letter of engagement or, if not specified, not later than 10 working days after the conclusion or termination of a property services agreement, or in exceptional circumstances, as soon as practicable thereafter.
(2) A licensee shall not charge any fee in respect of the sale or letting of land or incomplete sale or letting of land, including lease preparation, tenancy extension or tenancy renewal, to any person other than the licensee’s client for the purposes of the property service concerned.
(3) A licensee shall not express or imply, to any person that is not a client of the licensee, that fees, administration expenses or any other expenses due from the client to the licensee, in respect of the sale or letting of land, are to be borne by that person.
Service Provided Without Consideration
9. Where a licensee provides a service without consideration, that would otherwise be a property service were consideration provided, the person to whom the service is provided and any person who is making a payment to the licensee related to that service, shall be informed in writing that the service provided is not a property service within the meaning of the Act and will not be subject to any protections arising under the Act.
Provision of Information
10. (1) A licensee shall not knowingly produce, publish or circulate, or cause to be produced, published or circulated, by whatever means, false or misleading advertising information, including but not limited to, the following:
(a) sales records;
(b) sales prices achieved;
(c) experience of the licensee or any licensed principal officer or employee;
(d) fees charged or chargeable;
(e) applicable commission rates.
(2) A licensee shall not knowingly produce, publish or circulate, or cause to be produced, published or circulated, by whatever means, misleading information in respect of land or property other than land, advertised for auction, sale or to let.
(3) A licensee shall on receipt of a request in writing from—
(a) the vendor, prior to the sale of land or property other than land, or
(b) the purchaser following the sale of land or property other than land,
remove any advertisement relevant to the land or property other than land, including brochures, signage, websites and portals under the control of the licensee, as provided for in the letter of engagement or, if not specified, not later than 10 working days after receipt of the request, or as soon as practical thereafter.
(4) A licensee shall update any advertisement status relevant to land or property other than land, including brochures, signage, websites and portals under the control of the licensee, as provided for in the letter of engagement or, if not specified, not later than 10 working days after commencement of a tenancy or an unconditional contract for sale being completed, or as soon as practical thereafter.
(5) In the event of the termination of a property services agreement, a licensee shall remove any advertisements relevant to the land or property other than land, including brochures, signage, websites and portals under the control of the licensee, as provided for in the letter of engagement or, if not specified, not later than 10 working days after the termination of the property services agreement, or as soon as practical thereafter.
Breach of Letter of Engagement
11. A licensee shall not breach the terms of the letter of engagement, or other contract or agreement, or any terms of agency with his or her client, in respect of the provision of a property service.
Accepting Tenants
12. A licensee shall ensure that, where agreed with the client, prior to a tenant signing a tenancy agreement—
(a) such references as have been agreed have been received, and
(b) such reasonable checks as have been agreed have been conducted in respect of the validity of such references.
Timeframe to Transfer Payments in Relation to Tenancy
13. A licensee who receives a payment from a tenant on behalf of a client, shall transfer the payment to an account nominated by the client within such timeframe as agreed with the client in the letter of engagement or, if not specified, not later than 30 days after receipt of the payment. The payment shall be without deduction, unless instructed in writing by the client to make such deduction, or as otherwise provided for by contract or letter of engagement between the licensee and the client.
Notification of Termination of Tenancy
14. A licensee shall notify a client in writing, within a reasonable timeframe, on becoming aware that—
(a) the client’s tenant has indicated his or her intention to terminate the tenancy, or
(b) the client’s tenant has terminated the tenancy.
Offers to Purchase (Private Treaty) or to Rent
15. (1) Subject to paragraph (3), a licensee shall disclose to a client who has engaged the licensee for the purpose of the sale of land, other than by auction, or letting of land, by the means and within such timeframe as is agreed with the client, all offers to purchase or rent the land, including any conditions attaching to the offers, and all recorded price offers on the land, unless otherwise instructed in writing by the client.
(2) A licensee shall in respect of all offers to purchase land, other than by auction, or to rent land, provide written confirmation to each offeror on receipt of his or her offer.
(3) A licensee shall not express or imply to any person, including a client or his or her representative, that an offer has been received unless that offer has been received by the licensee.
(4) When disclosing an offer to purchase or to rent to a client under this Regulation, a licensee shall notify the client in writing that the offeror is—
(a) the licensee,
(b) a principal officer of the licensee,
(c) an employee of the licensee,
(d) the employer of the licensee,
(e) an employee of the licensee’s employer, or
(f) a connected relative of any person referred to in subparagraphs (a) to (e),
where the licensee knows or has reasonable grounds to believe that this is the case.
Deposits
16. (1) Where a licensee holds a security deposit (or any part thereof), in relation to the letting of land, which is due to be paid to a client or returned to a tenant, the licensee shall make such payment to the client or tenant as provided for in the letter of engagement or, if not specified, not later than 10 working days after the day the tenant vacates the property, save in exceptional circumstances.
(2) Where a licensee holds a booking deposit in relation to the sale of land (or any part thereof), which is due to be paid to the client, the licensee shall make such payment on written instruction from the client or the client’s solicitor, not later than 10 working days after receipt of the instruction, save in exceptional circumstances.
(3) Where a licensee holds a booking deposit in relation to the sale of land (or any part thereof) which is due to be refunded to a person other than a client, the licensee shall make such payment not later than 10 working days after the day on which the refund is due to be refunded, save in exceptional circumstances.
(4) A licensee shall not hold more than one booking deposit in relation to the sale of the same land at any given time, without reasonable cause.
Service Charges and Sinking Fund Contributions
17. (1) A licensee who is administering the collection of service charges or sinking fund contributions, on behalf of a management body of a multi-unit development, shall take all reasonable steps to collect the service charges and sinking fund contributions, as provided for in the letter of engagement or, if not specified, as instructed in writing by the client.
(2) A licensee who administers the collection of service charges or sinking fund contributions, on behalf of a management body of a multi-unit development, shall transfer all such monies to the relevant account of the management body, within the timeframe provided for in the letter of engagement or, if not specified, not later than 30 days after receipt of the monies.
Director of a Management Body of a Multi-Unit Development
18. (1) A licensee or a principal officer or employee of a licensee, shall not be a director of a management body of a multi-unit development, where property management services are provided to that management body by—
(a) the licensee,
(b) an employee of the licensee,
(c) the employer of the licensee,
(d) an employee of the licensee’s employer, or
(e) a licensee who is a beneficial owner of a company which is providing the property service.
(2) Where a licensee, or a principal officer or employee of a licensee is, on the making of these Regulations, a director of a management body of a multi-unit development, and is in a position which would place him or her in breach of paragraph (1), the licensee shall resign as director at the earliest opportunity, but no later than the next annual general meeting of the body.
(3) Nothing in paragraph (1) or (2) shall prevent a licensee or a principal officer or employee of a licensee who is a unit owner in a multi-unit development from becoming a director of, or providing a property service to, the management body of that development.
Financial or Other Services
19. A licensee shall not make the sale of land to a person conditional upon the licensee, or a subsidiary or associated body of the licensee, providing a financial service or other service relating to land, to that person.
Engagement of Legal Advisors
20. A licensee shall not make the provision of any of the following—
(a) the auction of property other than land,
(b) the purchase or sale, by whatever means, of land,
(c) the letting of land, or
(d) the provision of property management services,
conditional on the vendor, purchaser, lessor, lessee, tenant or directors of a management body of a multi-unit development, being represented by any particular legal advisor or firm of legal advisors.
Conflict of Interest
21. A licensee shall inform the client in writing, as soon as is reasonably possible on becoming aware of any conflict of interest, or potential conflict of interest, in relation to the provision of a property service.
The Minister for Justice consents to the making of the foregoing Regulations.
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GIVEN under my Official Seal,
27 November, 2020.
HELEN MCENTEE,
Minister for Justice.
Given under the seal of the Property Services Regulatory Authority
27 November, 2020
MAEVE HOGAN,
Chief Executive, Property Services Regulatory Authority.
GERALDINE CLARKE
Chairperson, Property Services Regulatory Authority.
EXPLANATORY NOTE
(This note is not part of the instrument and does not purport to be a legal interpretation.)
These Regulations lay down standards to be observed by licensed property services providers under the Property Services (Regulation) Act 2011 in the provision of property services.
Property Services (Regulation) Act 2011 (Compensation Fund) Regulations 2012.
“Iris Oifigiúil” of 5th June, 2012.
The Property Services Regulatory Authority in exercise of the powers conferred on it by section 95 of the Property Services (Regulation) Act 2011 (No. 40 of 2011), with the consent of the Minister for Justice and Equality, hereby makes the following regulations:
Citation and commencement.
1. (1) These Regulations may be cited as the Property Services (Regulation) Act 2011 (Compensation Fund) Regulations 2012.
(2) These Regulations shall come into operation on 30 May 2012.
Definitions.
2. In these Regulations-
“Act” means the Property Services (Regulation) Act 2011 (No. 40 of 2011);
“employee” has the meaning given to it in the Property Services (Regulation) Act 2011 (Licensing) Regulations 2012 ( S.I. No. 180 of 2012 ).
Contributions to Fund.
3. (1) The amount of the contribution to be made to the Fund by a person making an application for a licence or the renewal of a licence shall be the contribution appropriate to that licence as specified in the Table to this paragraph.
TABLE
(1) Class of Licence
(2) Fund Contribution
Property Services Employer
€200
Independent Contractor
€200
Principal Officer or Employee
€50
(2) A person shall, within 7 days of receipt of a notice in writing from the Authority of its intention to-
(a) issue a licence to him or her under section 31 of the Act, or
(b) renew his or her licence under section 35 of the Act,
make the appropriate contribution to the Fund as specified in paragraph (1).
The Minister for Justice and Equality consents to the making of the foregoing Regulations.
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GIVEN under my Official Seal,
30 May 2012.
ALAN SHATTER,
Minister for Justice and Equality.
http://www.irishstatutebook.ie/images/ls
GIVEN under the seal of the Property Services Regulatory Authority,
30 May 2012.
THOMAS LYNCH,
Chief Executive, Property Services Regulatory Authority.
http://www.irishstatutebook.ie/images/ls
GERALDINE CLARKE,
Chairperson, Property Services Regulatory Authority.
EXPLANATORY NOTE
(This note is not part of the instrument and does not purport to be a legal interpretation.)
These Regulations specify the level of contribution which successful applicants for licences must make to the Property Services Compensation Fund before being issued with a licence.
Solicitors (Professional Practice, Conduct and Discipline – Conveyancing Conflict of Interest) Regulation 2012.
Download PDF View PDF
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 5th October, 2012.
THE LAW SOCIETY OF IRELAND, in exercise of the powers conferred on them by section 5 of the section 69 of the section 4 of the Solicitors (Amendment) Act 2002 ) of the Solicitors Act 1954 , hereby make the following Regulation –
1. This Regulation may be cited as the Solicitors (Professional Practice, Conduct and Discipline – Conveyancing Conflict of Interest) Regulation 2012.
2. Definitions and Interpretation
2.1 In this Regulation the following words and expressions shall have or, where the context requires, shall include, the following meanings:
“Associated Company”, the meaning ascribed to that expression by Section 432 of the Taxes Consolidation Act 1997 , save that the words “or at any time within one year previously” shall be deemed omitted from sub-section (1) thereof for the purposes of this Regulation;
“Civil Partner”, the meaning ascribed to that expression by Section 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ;
“Conveyancing Transaction”, the transfer of any Property, whether by sale, lease, voluntary transfer, conveyance, licence, assignment, surrender or grant of an easement or option or otherwise, excluding a transfer upon the grant or release of a mortgage or charge (but including a lifetime mortgage and a home reversion agreement), and excluding the execution and registration of an assent by a personal representative;
“Family Home”, the meaning ascribed to that expression by Section 2 of the Family Home Protection Act 1976 ;
“Home Reversion Agreement”, the meaning ascribed to that expression in Part V of the Section 19 of the Markets in Financial Instruments and Miscellaneous Provisions Act 2007 ;
“Lifetime Mortgage”, a loan secured on a borrower”s home where:
a) interest payments are rolled up on top of the capital throughout the term of the loan;
b) the loan is paid from the proceeds of the sale of the Property; and
c) the borrower retains ownership of their home whilst living in it;
“Property”, any interest in land situate in Ireland;
“Purchaser”, any transferee or recipient of an interest in Property pursuant to a Conveyancing Transaction, whether or not for value;
“Qualified Party”, an entity which is either:
(a) a qualified party by virtue of meeting the criteria in either paragraph (c) or paragraph (d) of the definition of “qualified investors” in Regulation 2 of the Prospectus Directive (2003/71/EC) Regulations 2005 (Statutory Instrument 324 of 2005) (as the same may be amended or re-enacted from time to time); or
(b) a company which is an Associated Company of an entity meeting the criteria referred to in paragraph (a) of this definition;
“Shared Home”, the meaning ascribed to that expression by Section 27 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 ;
“Solicitor”, the meaning assigned to it in Section 3 of the Solicitors (Amendment) Act 1994 and includes two or more solicitors acting in partnership or association; save that for the purposes of implementing the measures in Clause 4, “solicitor” shall mean an individual person;
“Vendor”, any transferor of an interest in Property pursuant to a Conveyancing Transaction, whether or not for value.
2.2 For the purposes of this Regulation (a) an individual person or individual persons shall be treated as Associated with a company, and the company shall be treated as Associated with him or them if such individual(s) own(s) (directly or indirectly through other companies) the entire issued equity share capital of such company and (b) references to a “party” to a Conveyancing Transaction shall mean either the Vendor or the Purchaser (taken collectively in each case where there is more than one person or entity comprised therein).
Substantive Provisions
3. A Solicitor may not act for both Vendor and Purchaser in a Conveyancing Transaction except:
3.1 a Conveyancing Transaction comprising only the voluntary transfer of Property which is a Family Home or a Shared Home either (a) from its owner to the joint tenancy of the owner and his/her spouse or Civil Partner or (b) (where the Property is owned by spouses or Civil Partners otherwise than as joint tenants) from the owners to themselves as joint tenants;
3.2 a Conveyancing Transaction in which the Vendor and the Purchaser are Associated Companies or, in a case in which one such party comprises one or more individual persons and the other is/are a company or companies, in which the parties are Associated in accordance with Clause 2.2;
3.3 a Conveyancing Transaction where the Property being transferred is held under a bare trust and –
3.3.1 is being transferred by existing trustees to new trustees; or
3.3.2 is being transferred by trustees to a beneficiary;
3.4 a Conveyancing Transaction for value in which both the Vendor and the Purchaser are Qualified Parties and:
3.4.1 the Solicitors” firm concerned has requested the Vendor and the Purchaser to consent to its representing both of them and has notified them in writing that it may have to give them conflicting advice and of the measures it proposes to implement in relation to such representation. Such notification shall include a statement that if a dispute shall arise between the Vendor and the Purchaser during or after the Conveyancing Transaction which is likely to result in litigation or threatened litigation (including arbitration) between them concerning the Conveyancing Transaction, the Solicitors” firm will not act for either party in such dispute or litigation and will cease to act for both of them in the Conveyancing Transaction; and
3.4.2 following receipt of the notification at Clause 3.4.1, both Vendor and Purchaser have consented in writing to the Solicitors” firm representing both of them on the basis specified in such notification.
4. Each Solicitors” firm relying upon the exception in Clause 3.4 shall establish, maintain and observe measures appropriate for the circumstances of the firm as well as those of the Conveyancing Transaction and the clients in question, which shall include measures to ensure that:
4.1.1 the Vendor and the Purchaser shall be represented by separate individual solicitors within the firm, neither of whom may be supervised by the other and who may not both be supervised by the same person; and
4.1.2 communications between the solicitors shall be conducted in all respects as if they were members of different Solicitors” firms. Detailed records and notes shall be maintained by both solicitors of all correspondence, discussions and meetings between them.
5. Any breach of this Regulation may, upon due inquiry by the Solicitors Disciplinary Tribunal pursuant to Section 7 (as amended by Section 17 of the Section 9 of the section 24 of the Section 7 of the Solicitors (Amendment) Act 2002 ) of the Solicitors (Amendment) Act 1960 .
6. This Regulation shall come into operation on the 1st day of January 2013.
Dated this 28th day of September 2012.
Signed on behalf of the Law Society of Ireland pursuant to Section 79 of the Solicitors Act 1954 .
DONALD PATRICK BINCHY,
President of the Law Society of Ireland.
S.I. No. 243/2012 –
European Union (Energy Performance of Buildings) Regulations 2012.
Amendments
Open PDF
INDEX
PART 1
PRELIMINARY AND GENERAL
1. Citation and commencement
2. Purpose of Regulations
3. Interpretation generally
4. Exempted buildings
PART 2
ALTERNATIVE ENERGY SYSTEMS
5. Application
6. Installation of alternative energy systems
7. Feasibility studies
8. Existing buildings
9. Offences
PART 3
BUILDING ENERGY RATING
10. Issue of BER certificates for dwellings
11. Issue of BER certificates for buildings other than dwellings
12. Advertising of BER
13. Production of a BER certificate to a building control authority
14. Public buildings
15. Offences
PART 4
ADMINISTRATION OF BUILDING ENERGY RATING SYSTEM
16. Registration of assessors
17. Directions by Issuing Authority
18. Application for assessment
19. Fees and levies
20. BER assessment of a building
21. DEC assessment of a building
22. BER data files, DEC data files, certificates and advisory reports
23. Cancellation of BER data file or BER certificate
24. Cancellation of DEC data file or DEC
25. Alteration, defacement etc. of BER certificate or DEC
26. Records, data and documentation
27. Registers by Issuing Authority
28. Evidential value
PART 5
ENFORCEMENT
29. Appointment and powers of authorised officers
30. Power of authorised officers to enter, inspect etc. buildings
31. Prosecution
32. Penalties
PART 6
MISCELLANEOUS
33. Heating and air-conditioning systems
34. Revocation
35. Transitional arrangements
SCHEDULE 1
FORM OF BUILDING ENERGY RATING (BER) FOR DWELLING
SCHEDULE 2
FORM OF PROVISIONAL BUILDING ENERGY RATING (BER) FOR NEW DWELLING
SCHEDULE 3
FORM OF BUILDING ENERGY RATING (BER) FOR BUILDING OTHER THAN A DWELLING
SCHEDULE 4
FORM OF PROVISIONAL BUILDING ENERGY RATING (BER) FOR NEW BUILDING OTHER THAN A DWELLING
SCHEDULE 5
FORM OF DISPLAY ENERGY CERTIFICATE FOR LARGE BUILDINGS
S.I. No. 243 of 2012
EUROPEAN UNION (ENERGY PERFORMANCE OF BUILDINGS) REGULATIONS 2012
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 10th July, 2012.
I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2010/31/EU of the European Parliament and of the Council of 19 May 20101 , hereby make the following regulations:—
PART 1
PRELIMINARY AND GENERAL
Citation and commencement
1. (1) These Regulations may be cited as the European Union (Energy Performance of Buildings) Regulations 2012.
(2) These Regulations come into operation on 9 January 2013.
Purpose of Regulations
2. The purpose for which these Regulations are made include the giving effect to the relevant provisions of Articles 1, 2, 3, 4(2), 6, 7, 11, 12, 13, 14(4), 15(4), 17, 18, 27, 28 and 29 of Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (recast).
Interpretation generally
3. (1) In these Regulations:—
“accredited BER training provider” means—
(a) Sustainable Energy Authority of Ireland,
(b) an accredited BER training provider providing a validated BER training course leading to an award recognised through the National Qualifications Authority of Ireland,
(c) an accredited BER training provider providing a BER training course designated in writing by the Issuing Authority, or
(d) an accredited BER training provider providing a BER training course which is recognised pursuant to the requirements of the Recognition of Professions Qualifications (Directive 2005/36/EC) Regulations 2008 ( S.I. No. 139 of 2008 );
“advertisement” in relation to a building energy rating, means a public announcement—
(a) in a newspaper,
(b) in a magazine,
(c) in a brochure,
(d) in a leaflet,
(e) on an advertising notice,
(f) on a vehicle,
(g) on the radio,
(h) on the television,
(i) on the internet (including on websites and applications used for social networking),
(j) through direct mail (whether in printed or e-mail format), or
(k) in such other forms as may be prescribed in guidance provided by the Issuing Authority,
providing information in relation to the building energy rating recorded on the BER register in respect of the building to which that advertisement relates;
“advertising notice” means a publicly displayed structure carrying lettering or designs intended to advertise a business, product or service;
“advisory report” means a report, held and which may be viewed in electronic form on the BER register, which shall accompany a BER certificate or provisional BER certificate that has been produced on the basis of a BER assessment of a building and is in a form approved by the Issuing Authority with the prior approval of the Minister, which contains recommendations for the cost-optimal or cost-effective improvement of the energy performance of the building, and which may be reproduced and issued in printed form by or on behalf of the Issuing Authority;
“agent” means any person who acts for, or represents, a person who—
(a) commissions the construction of a new building,
(b) offers a building for sale, or
(c) offers a building for letting.
An agent shall include, in particular but by no means exhaustively, estate agents, sales agents, letting agents and solicitors;
“authorised officer” may mean either a person authorised by a Building Control Authority or by the Issuing Authority under Regulation 29;
“BER” means a building energy rating recorded on the BER register on the basis of a BER assessment;
“BER assessment” means an assessment of the energy performance of a building by a BER assessor using procedures, calculation methodology and software, specified by the Issuing Authority for the purpose of assigning a BER;
“BER assessor” means a person registered by the Issuing Authority, for a designated class or classes of buildings, for the purpose of BER assessment of such class or classes of buildings;
“BER certificate” means a certificate generated in the prescribed form on the basis of a BER assessment, which is held and may be viewed in electronic form on the BER register, and may be reproduced and issued in printed form by or on behalf of the Issuing Authority. The BER certificate shall be accompanied by an advisory report generated as part of the BER assessment;
“BER data file” means an electronic file which contains a report on the outcome of a BER assessment of a building in a form approved by the Issuing Authority, which is completed by a BER assessor and provided to the Issuing Authority for the purpose of notifying it of the record to be made or updated on the BER register in respect of that particular building, and shall be deemed to include any calculations and related data or documents accompanying that report;
“BER record” means, as the case may be, the current and any earlier BER certificate, including any provisional BER certificate where applicable, any advisory report, any BER data file and any related data or documents, pertaining to a building;
“BER register” means a database of BER records and related data or documents established, operated, maintained and owned by the Issuing Authority for the purposes of these Regulations;
“BER system” means the registers, processes and rules established, operated, maintained and owned by the Issuing Authority for the purpose of administering BER and related activities in accordance with the requirements of these Regulations;
“building” means a roofed construction having walls, for which energy is used to condition the indoor climate;
“Building Control Authority” has the meaning assigned to it by Section 2 of the Building Control Act 1990 (No. 3 of 1990);
“cogeneration” means simultaneous generation in one process of thermal energy and electrical or mechanical energy (or both);
“cost-optimal level” means the energy performance level which leads to the lowest cost during the estimated economic lifecycle, where—
(a) the lowest cost is determined taking into account energy-related investment costs, maintenance and operating costs (including energy costs and savings, the category of building concerned, earnings from the energy produced), where applicable, and disposal costs, where applicable, and
(b) the estimated economic lifecycle is determined by each member state. It refers to the remaining estimated economic lifecycle of a building where energy performance requirements are set for the building as a whole, or to the estimated economic lifecycle of a building element where energy performance requirements are set for building elements.
The cost-optimal level shall lie within the range of performance levels where the cost benefit analysis calculated over the estimated economic lifecycle is positive;
“DEC” means a display energy certificate generated in the prescribed form on the basis of a DEC assessment, which is held and may be viewed in electronic form on the DEC register, and may be reproduced and issued in printed form by or on behalf of the Issuing Authority;
“DEC assessment” means an assessment of the energy performance of a building by a DEC assessor using procedures, including calculation methodology and software, specified by the Issuing Authority for the purpose of generating a DEC;
“DEC assessor” means a person registered by the Issuing Authority for the purpose of a DEC assessment;
“DEC data file” means an electronic file which contains a report on the outcome of a DEC assessment of a building in a form approved by the Issuing Authority, which is completed by a DEC assessor and provided to the Issuing Authority for the purpose of notifying it of the record to be made or updated on the DEC register in respect of that particular building, and shall be deemed to include any calculations and related data or documents accompanying that report;
“DEC record” means, as the case may be, the current and any earlier DEC, any advisory report, any DEC data file and any related data or documents, pertaining to a building;
“DEC register” means a database of DEC records and related data or documents established, operated, maintained and owned by the Issuing Authority for the purposes of these Regulations;
“Directive” means Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010;
“district heating” or “district cooling” means the distribution of thermal energy in the form of steam, hot water or chilled liquids, from a central source of production through a network to multiple buildings or sites, for the use of space or process heating or cooling;
“dwelling” means a building, or any part of a building, which is used or suitable for use by persons as a place to live. Dwellings shall include houses, apartments, maisonettes, duplexes and other such buildings where persons would typically reside. Buildings, other than apartment complexes, that provide multi-occupancy accommodation under specific conditions such as hospitals, nursing homes, boarding schools, hotels and hostels, shall not be considered as dwellings;
“e-mail” means electronic mail;
“energy from renewable sources” means energy from renewable non-fossil sources, namely wind, solar, aerothermal, geothermal, hydrothermal and ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases;
“energy performance indicator” in relation to a BER certificate means the alpha-numeric indicator set out on the BER certificate as distinct from the quantification of the energy performance indicator expressed in terms of kilowatt hours per square metre floor area per year (kWh/m2/yr);
“fax” means a facsimile of a signed or written communication transmitted through the telecommunications system;
“heat pump” means a machine, a device or installation that transfers heat from natural surroundings such as air, water or ground to buildings or industrial applications by reversing the natural flow of heat such that it flows from a lower to a higher temperature. For reversible heat pumps, it may also move heat from the building to the natural surroundings;
“Issuing Authority” means the Sustainable Energy Authority of Ireland as established pursuant to the Sustainable Energy Act 2002 (No. 2 of 2002). The Issuing Authority shall be responsible for the administration of the BER system in accordance with the requirements of these Regulations;
“large building” means a building other than a dwelling which—
(a) is occupied by a public body and
(I) has a total useful floor area in excess of—
(A) 500m2 on or after 9 January 2013 and up to and including 8 July 2015, or
(B) 250m2 on or after 9 July 2015, and
(II) is frequently visited by the public, or
(b) has a total useful floor area in excess of 500 m2 on or after 9 January 2013 and is frequently visited by the public;
“major renovation” means the renovation of a building where more than 25% of the surface of the building envelope undergoes renovation;
“Minister” means the Minister for the Environment, Community and Local Government;
“planning application” means an application for planning permission or approval pursuant to the Planning and Development Act 2000 (No. 30 of 2000);
“planning notice” means a notice pursuant to the provisions of Part 8 of the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 );
“provisional BER certificate” is a certificate in a prescribed form respecting a proposed new building which is held and may be viewed in electronic form on the BER register on the basis of a BER assessment of the plans and specifications for the building prior to its construction being completed, and may be reproduced and issued by or on behalf of the Issuing Authority in printed form;
“public body” means—
(a) a Department of State,
(b) the Office of the President,
(c) the Office of the Attorney General,
(d) the Office of the Comptroller and Auditor General,
(e) the Office of the Houses of the Oireachtas,
(f) a local authority,
(g) the Health Service Executive, or
(h) a person, body or organisation (other than the Defence Forces) established—
(i) by or under any enactment (other than the Companies Acts), or
(ii) under the Companies Acts, in pursuance of powers conferred by or under another enactment, and financed wholly or partly, whether directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or shares held by or on behalf of a Minister of the Government;
“register of BER assessors” means a database of BER assessors registered with the Issuing Authority and related data established, operated, maintained and owned by the Issuing Authority;
“register of DEC assessors” means a database of DEC assessors registered with the Issuing Authority and related data established, operated, maintained and owned by the Issuing Authority;
“Regulations of 2006” means the European Communities (Energy Performance of Buildings) Regulations 2006 ( S.I. No. 666 of 2006 ) as amended by the European Communities (Energy Performance of Buildings) (Amendment) Regulations 2008 ( S.I. No. 229 of 2008 ) and the European Communities (Energy Performance of Buildings) (Amendment) (No. 2) Regulations 2008 ( S.I. No. 591 of 2008 ).
(2) A word or expression which is used in these Regulations and which is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.
(3) Any reference to Directive 2002/91/EC of the European Parliament and of the Council of 16 December 20022 on the energy performance of buildings shall be construed as a reference to the Directive.
Exempted buildings
4. These Regulations do not apply to the following categories of buildings:
(1) a national monument for the purposes of the National Monuments Act 1930 (No. 2 of 1930), including a recorded monument under the provisions of Section 12 of the National Monuments (Amendment) Act 1994 (No. 17 of 1994) or a registered historic monument under the provisions of Section 5 of the National Monuments (Amendment) Act 1987 (No. 17 of 1987);
(2) a protected structure or proposed protected structure within the meaning of the Planning and Development Act 2000 ;
(3) a building used as a place of worship or for the religious activities of any religion;
(4) a temporary building as defined in Classes 10 to 13 of the Third Schedule to the Building Regulations 1997 ( S.I. No. 497 of 1997 );
(5) an industrial building not intended for human occupancy over extended periods and where the installed heating capacity does not exceed 10 W/m2;
(6) a non-residential agricultural building where the installed heating capacity does not exceed 10 W/m2;
(7) a stand alone building with a total useful floor area of less than 50 m2.
PART 2
ALTERNATIVE ENERGY SYSTEMS
Application
5. This Part of the Regulations shall apply to the design of any new building for which a planning application is made, or a planning notice is published, on or after 9 January 2013.
Installation of alternative energy systems
6. (1) A person who commissions the construction of—
(a) a new building other than a dwelling shall ensure that, before construction starts, the technical, environmental and economic feasibility of installing high efficiency alternative energy systems is considered and, notwithstanding anything contained in any regulation, taken into account in the design of that new building, or
(b) a new dwelling shall ensure that a reasonable proportion of the energy consumption to meet the energy performance of the dwelling is provided by energy from renewable sources in accordance with the Building Regulations (Part L Amendment) Regulations 2011 ( S.I. No. 259 of 2011 ).
(2) The alternative energy systems to be considered for the purposes of paragraph (1)(a) shall include—
(a) decentralised energy supply systems based on energy from renewable sources,
(b) cogeneration,
(c) district or block heating or cooling, particularly where it is based entirely or partially on energy from renewable sources, and
(d) heat pumps.
Feasibility studies
7. (1) Compliance with the provisions of Regulation 6(1)(a) shall be demonstrated by reference to a feasibility study carried out by, or on behalf of, the person who commissions the construction of the proposed new building other than a dwelling which assesses the appropriateness or otherwise of the alternative energy systems which may be technically, environmentally and economically feasible for that particular building or for groups of similar buildings or for common typologies of buildings in the same area. Where district heating or cooling is to be assessed, the analysis may be carried out for all buildings connected to the system in the same area.
(2) A feasibility study under paragraph (1) shall be carried out by a suitably qualified person (who may employ appropriate information technology for that purpose) and shall include specific recommendations in relation to the utilisation of alternative energy systems, including those specified in this Regulation, to serve the new building other than a dwelling in question.
(3) A feasibility study under paragraph (1) may be constituted by the employment of information technology approved by the Issuing Authority for that purpose and the provision of the results therefrom.
(4) The results arising from the feasibility study of alternative energy systems required under this Regulation shall be—
(a) incorporated into a written report on the design of the proposed new building other than a dwelling and shall be retained by the person who commissions that building for a period of 5 years from the date of completion of the building,
(b) produced, on demand, to the Building Control Authority within whose functional area the new building other than a dwelling is located, and
(c) provided to the building owner on completion of construction of the new building other than a dwelling.
Existing buildings
8. (1) Where an existing building is to undergo major renovation, the person who commissions such works may, on his or her initiative, consider and take into account the technical, environmental and economic feasibility of installing high efficiency alternative energy systems in the design of the renovation works.
(2) The alternative energy systems that may be considered for the purposes of paragraph (1) may include—
(a) decentralised energy supply systems based on energy from renewable sources,
(b) cogeneration,
(c) district or block heating or cooling, particularly where it is based entirely or partially on energy from renewable sources, or
(d) heat pumps.
Offences
9. (1) A person who contravenes any provision of Regulations 5 to 7 is guilty of an offence.
(2) Proceedings for an offence under this Part may be brought and prosecuted by the Building Control Authority within whose functional area the new building is located.
PART 3
BUILDING ENERGY RATING
Issue of BER certificates for dwellings
10. (1) A person who commissions the construction of a new dwelling, the construction of which commences on or after 9 January 2013, shall, before such dwelling is occupied for the first time, secure a BER certificate (in the form prescribed by Schedule 1, or as appropriate by Schedule 2, to these Regulations) and accompanying advisory report in relation to the dwelling.
(2) A person who offers for sale or letting (whether in writing or otherwise)—
(a) a new dwelling, the construction of which commences on or after 9 January 2013, or
(b) a dwelling that is in existence on or before 9 January 2013,
and any agent acting on behalf of such person in connection with such offering, shall produce a printed copy of the BER certificate (in the form prescribed in Schedule 1 to these Regulations) and the accompanying advisory report in relation to the dwelling to any person expressing an interest in purchasing or taking a letting of the dwelling.
(3) Where a new dwelling is under construction and is being offered for sale or letting (whether in writing or otherwise)—
(a) on the basis of the plans and specifications for its proposed construction, a printed copy of the provisional BER certificate (in the form prescribed in Schedule 2 to these Regulations and which is based on the plans and specifications in relation to the proposed dwelling) and the accompanying advisory report, shall be produced to any person expressing an interest in purchasing or taking a letting of the dwelling, and
(b) on completion of the construction of the dwelling, a printed copy of the BER certificate (in the form prescribed in Schedule 1 to these Regulations and which takes into account any changes implemented during its construction having regard to the plans, specifications or other data on which the provisional BER was based) and the accompanying advisory report for the completed dwelling, shall be produced to any purchaser or tenant, before completion of such sale or letting.
(4) A person required to produce a BER certificate and accompanying advisory report for a dwelling under this Regulation shall warrant that such BER certificate and advisory report as he or she produces corresponds to the current BER record for the dwelling on the BER register.
Issue of BER certificates for buildings other than dwellings
11. (1) A person who commissions the construction of a new building other than a dwelling, the construction of which commences on or after 9 January 2013, shall, before such building is occupied for the first time, secure a BER certificate (in the form prescribed by Schedule 3, or as appropriate by Schedule 4, to these Regulations) and accompanying advisory report in relation to the building.
(2) A person who offers for sale or letting (whether in writing or otherwise)—
(a) a new building other than a dwelling, the construction of which commences on or after 9 January 2013, or
(b) a building other than a dwelling that is in existence on or before 9 January 2013,
and any agent acting on behalf of such person in connection with such offering, shall produce a printed copy of the BER certificate (in the form prescribed in Schedule 3 to these Regulations) and the accompanying advisory report in relation to the building to any person expressing an interest in purchasing or taking a letting of the building.
(3) Where a new building other than a dwelling is under construction and is being offered for sale or letting (whether in writing or otherwise)—
(a) on the basis of the plans and specifications for its proposed construction, a printed copy of the provisional BER certificate (in the form prescribed in Schedule 4 to these Regulations and which is based on the plans and specifications in relation to the proposed building) and the accompanying advisory report, shall be produced to any person expressing an interest in purchasing or taking a letting of the building, and
(b) on completion of the construction of the building, a printed copy of the BER certificate (in the form prescribed in Schedule 3 to these Regulations and which takes into account any changes implemented during its construction having regard to the plans, specifications or other data on which the provisional BER was based) and the accompanying advisory report for the completed building, shall be produced to any purchaser or tenant, before completion of such sale or letting.
(4) A person required to produce a BER certificate and accompanying advisory report for a building under this Regulation shall warrant that such BER certificate and advisory report as he or she produces corresponds to the current BER record for the building on the BER register.
Advertising of BER
12. (1) A person who offers for sale or letting (whether in writing or otherwise)—
(a) a new dwelling, the construction of which commences on or after 9 January 2013, or
(b) a dwelling that is in existence on or before 9 January 2013,
and any agent acting on behalf of such person in connection with such offering, shall ensure that the energy performance indicator of the current BER certificate for the dwelling is stated in any advertisements, where such advertisements are taken relating to the sale or letting of that dwelling.
(2) A person who offers for sale or letting (whether in writing or otherwise)—
(a) a new building other than a dwelling, the construction of which commences on or after 9 January 2013, or
(b) a building other than a dwelling that is in existence on or before 9 January 2013,
and any agent acting on behalf of such person in connection with such offering, shall ensure that the energy performance indicator of the current BER certificate for the building is stated in any advertisements, where such advertisements are taken relating to the sale or letting of that building.
(3) Where advertisements are taken in relation to the sale or letting of a dwelling, or as appropriate a building other than a dwelling, the energy performance indicator of the current BER certificate for the dwelling, or as appropriate the building other than a dwelling, shall be displayed in such advertisements in accordance with guidance published by the Issuing Authority under the provisions of paragraph (4).
(4) The Issuing Authority may publish, or arrange to have published on its behalf, guidance on the display of the energy performance indicator of the BER certificate for a dwelling, or as appropriate a building other than a dwelling, and on any associated text. The guidance may make provision for all or any of the following:
(a) forms of advertisement deemed to be within scope of the provisions of paragraphs (1) and (2);
(b) text in relation to the BER;
(c) font size and colour;
(d) energy performance indicator size and colour;
(e) line and paragraph spacing;
(f) background colour;
(g) such other matters as deemed by the Issuing Authority to be necessary or expedient for the purposes of this Regulation.
(5) A Building Control Authority, or an authorised officer thereof, may demand from—
(a) an owner, or
(b) an agent acting on behalf of such owner,
of a dwelling, or as appropriate a building other than a dwelling, which is situated within the functional area of that Building Control Authority, such evidence as it deems necessary or expedient for the purposes of demonstrating compliance with the provisions of this Regulation.
Production of a BER certificate to a Building Control Authority
13. (1) A Building Control Authority, or an authorised officer thereof, may demand from—
(a) an owner, or
(b) an agent acting on behalf of such owner,
of a dwelling which is situated within the functional area of that Building Control Authority, the production of a printed copy of the BER certificate and the accompanying advisory report required in respect of the dwelling under Regulation 10.
(2) A Building Control Authority, or an authorised officer thereof, may demand from—
(a) an owner, or
(b) an agent acting on behalf of the owner,
of a building other than a dwelling which is situated within the functional area of that Building Control Authority, the production of a printed copy of the BER certificate and the accompanying advisory report required in respect of the building under Regulation 11.
(3) Where a Building Control Authority, or an authorised officer thereof, makes a demand under either paragraph (1) or paragraph (2), the owner, or the agent acting on behalf of the owner, shall produce to the Building Control Authority—
(a) the printed copy of the BER certificate there and then, or
(b) within 28 days after the day on which production of the BER certificate was demanded, a reasonable explanation to the satisfaction of the Building Control Authority for the failure by the owner, or the agent acting on behalf of the owner, to produce the printed copy of the BER certificate.
(4) Where a person produces a printed copy of the BER certificate and the accompanying advisory report to an authorised officer of the Building Control Authority, the authorised officer shall be permitted to read and examine such certificate and report. If a person fails or refuses to permit the authorised officer to read and examine the printed copy of the BER certificate and the advisory report, the authorised officer may demand of the person his or her name and address.
Public buildings
14. (1) On or after 9 January 2013, a public body shall, in relation to a large building occupied by it, secure and display a valid DEC.
(2) On or after 9 January 2013, the owner, or an agent acting on behalf of such owner, of a large building shall secure and display a valid DEC.
(3) A DEC shall be in the form prescribed in Schedule 5 to these Regulations.
(4) A DEC shall be displayed in a prominent place clearly visible to members of the public in the large building to which it relates.
(5) For the avoidance of doubt, the requirement for the display of a valid DEC is additional to the requirement to secure a BER certificate pursuant to the provisions of Regulation 11.
(6) Where a public body has secured a BER certificate and the accompanying advisory report in respect of a building occupied by it pursuant to the provisions of Regulation 11, that public body shall, subject to its budgetary constraints, implement the recommendations for the cost-optimal or cost-effective improvement of the energy performance of the building within the period of the certificate’s validity.
Offences
15. (1) A person who contravenes any provision of this Part of the Regulations is guilty of an offence.
(2) Proceedings for an offence under this Part may be brought and prosecuted by the Building Control Authority within whose functional area the dwelling or building other than a dwelling is located.
PART 4
ADMINISTRATION OF BER SYSTEM
Registration of assessors
16. (1) Subject to paragraphs (3), (4) and (5), the Issuing Authority may register—
(a) BER assessors, and
(b) DEC assessors,
to assess the energy performance of buildings in accordance with the relevant provisions of these Regulations.
(2) In registering a BER assessor, the Issuing Authority shall designate the class or classes of buildings in respect of which the BER assessor is authorised to carry out BER assessments.
(3) The Issuing Authority shall not consider a person for registration as a BER assessor, or as a DEC assessor, unless the:
(a) person makes application for registration to the Issuing Authority in the form specified by the Issuing Authority for such purpose;
(b) application for registration is accompanied by any fee specified by the Issuing Authority in accordance with Regulation 19(1);
(c) person satisfactorily meets all other requirements specified by the Issuing Authority.
(4) In considering an application for registration as a BER assessor, the Issuing Authority must be satisfied that the applicant has fulfilled any training and examination requirements as may be set out by the Issuing Authority from time to time in relation to the relevant designated class or classes of buildings.
(5) In considering an application for registration as a DEC assessor, the Issuing Authority must be satisfied that the applicant has fulfilled any training and examination requirements as may be set out by the Issuing Authority from time to time in relation to DEC assessments.
(6) A BER assessor who is registered by the Issuing Authority in respect of one class of building may apply to the said authority to be registered in respect of another class or classes of buildings, and may be so registered, subject to compliance with the provisions set out in paragraphs (3) and (4) and payment of any fee specified by the Issuing Authority.
(7) A BER assessor, or a DEC assessor, shall be required to renew his or her registration at such frequency as may be determined by the Issuing Authority, subject to the payment of any registration renewal fee specified by the said authority in accordance with Regulation 19(1).
(8) The Issuing Authority shall provide each BER assessor with a certificate of registration for the designated class or classes of buildings to which his or her registration pertains and the certificate, if requested by the owner of a building or an agent acting on behalf of the owner, shall be presented for inspection to the owner, or the agent acting on behalf of the owner, as the case may be.
(9) The Issuing Authority shall provide each DEC assessor with a certificate of registration and the certificate, if requested by the owner of a building, or an agent acting on behalf of the owner, shall be presented for inspection to the owner, or the agent acting on behalf of the owner, as the case may be.
(10) Where the Issuing Authority suspends or terminates the registration of a person as a BER assessor, or as a DEC assessor, it shall note, in the register at the entry for that person as a BER assessor, or as a DEC assessor, the suspension or termination of the appointment and the date on which it was suspended or revoked.
(11) The Issuing Authority may, having regard to all the circumstances of the case, suspend or terminate the registration of a BER assessor, or a DEC assessor, following:
(a) failure by the BER assessor, or the DEC assessor, to attend a course of periodic training if required by the Issuing Authority or to satisfactorily complete such a training course;
(b) failure by a BER assessor, or a DEC assessor, to comply with a direction under these Regulations;
(c) failure by the BER assessor to carry out a BER assessment for BER purposes in a fit and proper manner, or to maintain or provide satisfactory data, documentation or records of any such assessment;
(d) failure by the DEC assessor to carry out a DEC assessment for DEC purposes in a fit and proper manner, or to maintain or provide satisfactory data, documentation or records of any such assessment;
(e) the committing, or aiding or abetting the committing, by the BER assessor, or by the DEC assessor, of an offence under these Regulations;
(f) the forming of an opinion by the Issuing Authority that the BER assessor, or the DEC assessor, has ceased to be capable of performing his or her functions under these Regulations properly and efficiently;
(g) failure by the BER assessor, or a DEC assessor, to comply with any procedural requirement as may be set out in a code of practice issued by the Issuing Authority under Regulation 17(1)(g).
(12) A suspension or termination of registration under paragraph (11) shall—
(a) be notified to the person concerned by notice in writing,
(b) state the reasons for the suspension or termination,
(c) be carried out in accordance with any procedures pertaining to appeals, complaints and disputes as may be set out in a code of practice issued by the Issuing Authority under Regulation 17(1)(g),
(d) state the date on which the suspension or termination takes effect, and
(e) inform the person of the appeal procedure under paragraph (13).
(13) A person whose registration is to be suspended or terminated under paragraph (11) may, not later than 14 days after receipt by that person of a notice issued under paragraph (12)(a), appeal against the suspension or termination to the judge of the District Court within whose district the person principally carries out BER assessments, or DEC assessments, as the case may be, on the following grounds—
(a) that the appellant is not the person on whom the suspension or termination should have been served, or
(b) any substantive or procedural non-compliance with the provisions of paragraph 11.
(14) Where the appeal is made under paragraph (13), the notice issued under paragraph (12)(a) shall stand suspended until the appeal is determined or withdrawn.
(15) In determining an appeal under paragraph (13) the judge may, if he or she is satisfied that it is reasonable to do so, confirm or revoke the suspension or termination and the Issuing Authority shall annotate the register maintained by it accordingly.
(16) A person who appeals under paragraph (13) shall at the same time notify the Issuing Authority of the appeal and the grounds for the appeal and the Issuing Authority shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.
(17) Where an appeal under paragraph (13) is taken, and the notice issued under paragraph (12)(a) is not withdrawn, the notice shall take effect on the later of—
(a) 7days after the day on which the suspension or termination is confirmed on appeal or the appeal is withdrawn, or
(b) the date specified in the notice.
(18) A person whose registration as a BER assessor, or as a DEC assessor, has lapsed or been suspended or terminated may be directed by the Issuing Authority to return to the Issuing Authority, or to destroy, any data or documentation provided by the owner of the building, or an agent acting on behalf of the owner, and any copies thereof, in relation to BER assessments, or DEC assessments, carried out by him or her in his or her capacity as a BER assessor, or as a DEC assessor, as the case may be.
(19) A person whose registration as a BER assessor, or as a DEC assessor, has lapsed, been suspended or terminated, and who represents himself or herself as a BER assessor, or as a DEC assessor, commits an offence.
(20) A person who, not being such, purports to be a BER assessor for a designated class or classes of buildings or an authorised officer under these Regulations commits an offence.
(21) A person who, not being such, purports to be a DEC assessor or an authorised officer under these Regulations commits an offence.
(22) A person, purporting to give information to a BER assessor, a DEC assessor, the Issuing Authority or an authorised officer for the performance of his or her functions under these Regulations, who—
(a) makes a statement that he or she knows to be false or misleading in a material particular or recklessly makes a statement which is false in a material particular, or
(b) fails to disclose a material particular,
commits an offence.
Directions by Issuing Authority
17. (1) The Issuing Authority may from time to time issue directions to BER assessors, or to DEC assessors, in relation to:
(a) the manner in which the BER assessments, or DEC assessments, are to be carried out;
(b) the manner in which BER certificates, including provisional BER certificates, and accompanying advisory reports are to be issued;
(c) the manner in which DECs are to be issued;
(d) the qualifications, training and examination requirements for BER assessors, or for DEC assessors, as the case may be;
(e) the records, databases and documentation to be maintained by BER assessors, or by DEC assessors, as the case may be;
(f) data and documentation to be provided by BER assessors, or by DEC assessors, to the Issuing Authority and the format of such data and documentation;
(g) codes of practice to be respected by BER assessors, or by DEC assessors, as the case may be. Such codes of practice may make provision for all or any of the following—
(i) eligibility requirements,
(ii) registration of assessors,
(iii) professionalism, competence and diligence of assessors,
(iv) data integrity,
(v) independence of assessors,
(vi) records, data and documentation,
(vii) professional indemnity, public liability and employer’s liability insurance,
(viii) confidentiality and data protection,
(ix) quality customer service,
(x) details of the manner of collection of fees and levies as provided for under Regulation 19,
(xi) advertising and promotion,
(xii) use of technology,
(xiii) monitoring and compliance,
(xiv) appeals, complaints and disputes,
(xv) conformance with Building Regulations, and
(xvi) such other matters as appear to the Issuing Authority to be necessary or expedient for the purposes of this subparagraph;
(h) such other matters as appear to the Issuing Authority to be necessary or expedient for the proper administration of the BER system.
(2) A BER assessor, or a DEC assessor, shall comply with any direction given under paragraph (1) of this Regulation.
Application for assessment
18. An application for a BER assessment in respect of a building, or a DEC assessment in respect of a large building, shall be made by the owner of the building, or an agent acting on behalf of the owner, in the form specified by the Issuing Authority, to a BER assessor, or to a DEC assessor, either in person, by post, by fax, by telephone, or by e-mail.
Fees and levies
19. (1) There may be charged by the Issuing Authority a fee:
(a) in respect of the registration by the Issuing Authority of BER assessors;
(b) in respect of the renewal of registration by the Issuing Authority of BER assessors;
(c) in respect of the registration by the Issuing Authority of DEC assessors;
(d) in respect of the renewal of registration by the Issuing Authority of DEC assessors;
(e) in respect of examinations prescribed by the Issuing Authority to maintain BER assessor registration eligibility;
(f) in respect of examinations prescribed by the Issuing Authority to maintain DEC assessor registration eligibility.
(2) A fee charged by the Issuing Authority under this Regulation shall be payable by the—
(a) BER assessor, or
(b) DEC assessor,
to which the registration or renewal of registration relates and the Issuing Authority may refuse to register or renew a registration until such fee has been paid.
(3) There may be charged by the Issuing Authority a levy:—
(a) determined by the Issuing Authority in respect of each BER assessment carried out on a building and submitted as a BER data file by the said assessor to the Issuing Authority for the purposes of issuing a BER certificate, or provisional BER certificate, and accompanying advisory report;
(b) determined by the Issuing Authority in respect of each DEC assessment carried out on a building and submitted as a DEC data file by the said assessor to the Issuing Authority for the purposes of issuing a DEC.
(4) A levy charged by the Issuing Authority under this Regulation shall be payable by the—
(a) BER assessor on each BER assessment carried out on a building and submitted as a BER data file by the said assessor to the Issuing Authority,
(b) DEC assessor on each DEC assessment carried out on a building and submitted as a DEC data file by the said assessor to the Issuing Authority,
and the Issuing Authority may refuse to issue a BER certificate, a provisional BER certificate or a DEC, as the case may be, until such levy has been paid.
(5) Fees and levies payable to the Issuing Authority under this Regulation shall be collected and taken in such manner as may be set out in a code of practice issued by the Issuing Authority under Regulation 17(1)(g).
(6) Fees and levies payable to the Issuing Authority under this Regulation may be recovered by the Issuing Authority as simple contract debt in any court of competent jurisdiction.
(7) Fees and levies charged by the Issuing Authority under this Regulation shall not exceed an amount equal to the costs, estimated by the Issuing Authority, incurred in connection with the Issuing Authority carrying out, or causing to be carried out, its functions under these Regulations. The amount of fees and levies that may be charged by the Issuing Authority, or any changes to the amount of fees and levies that may be charged by the Issuing Authority, shall require the consent of the Minister prior to such fees and levies, or changes to such fees and levies, coming into effect.
(8) The Public Offices Fees Act 1879 does not apply in respect of fees and levies payable to the Issuing Authority under this Regulation.
BER assessment of a building
20. (1) The assessment of the energy performance of a building under these Regulations shall be carried out by a BER assessor.
(2) The BER assessment shall be carried out using procedures, including calculation methods and software, specified the Issuing Authority and including a survey of the building where required by direction of the Issuing Authority.
(3) In carrying out a BER assessment, a BER assessor shall comply with any direction given by the Issuing Authority in relation to the manner in which the assessment is to be carried out.
(4) A BER assessor may refuse to carry out a BER assessment if in his or her opinion any part of the building or any of its equipment is in such a condition that it would not be safe or practicable to carry out that assessment.
(5) Where a BER assessor refuses to carry out a BER assessment in accordance with paragraph (4), he or she shall return to the owner of the building, or an agent acting on behalf of the owner, as the case may be, any fee paid under these Regulations in respect of the application for that assessment.
DEC assessment of a building
21. (1) A DEC assessment under these Regulations shall be carried out by a DEC assessor.
(2) The DEC assessment shall be carried out using procedures, including calculation methods and software, specified the Issuing Authority and including a survey of the building where required by direction of the Issuing Authority.
(3) In carrying out a DEC assessment, a DEC assessor shall comply with any direction given by the Issuing Authority in relation to the manner in which the assessment is to be carried out.
(4) A DEC assessor may refuse to carry out a DEC assessment if in his or her opinion any part of the building or any of its equipment is in such a condition that it would not be safe or practicable to carry out that assessment.
(5) Where a DEC assessor refuses to carry out a DEC assessment in accordance with paragraph (4), he or she shall return to the owner of the building, or an agent acting on behalf of the owner, as the case may be, any fee paid under these Regulations in respect of the application for that assessment.
BER data files, DEC data files, certificates and advisory reports
22. (1) The form of BER data files, DEC data files and associated data or documents shall be determined by the Issuing Authority.
(2) A BER assessor, upon completion of a BER assessment, or a DEC assessor, upon completion of a DEC assessment, shall submit to the Issuing Authority the related BER data file, or DEC data file, completed by him or her and associated data and any other documents specified by the Issuing Authority and in a manner specified by the Issuing Authority.
(3) A BER certificate, or provisional BER certificate where applicable, and accompanying advisory report for a building shall not be issued by the BER assessor to the owner of the building, or an agent acting on behalf of the owner, as the case may be, unless and until the BER data file is accepted into the BER register maintained by the Issuing Authority.
(4) A DEC shall not be issued by the DEC assessor to the owner of the building, or an agent acting on behalf of the owner, as the case may be, unless and until the DEC data file is accepted into the DEC register maintained by the Issuing Authority.
(5) Subject to paragraph (6), a BER certificate and accompanying advisory report for a building shall be valid until the expiration of 10 years from the date of its issue.
(6) A BER certificate and accompanying advisory report shall be rendered invalid if there is any material change in the building to which it relates which could affect its energy performance, including—
(a) any significant deterioration in the fabric of the building,
(b) any extension of the building, or
(c) any change in the heating system for the building or in the type of fuel used by that system.
(7) A provisional BER certificate, where applicable, shall be valid for a period not exceeding 24 months from the date of its issue.
(8) Upon the issue of a BER certificate, or provisional BER certificate, and accompanying advisory report for a building within the period of validity of the existing BER certificate, or provisional BER certificate, and accompanying advisory report, the existing BER certificate, or provisional BER certificate, and accompanying advisory report shall be deemed to stand revoked.
(9) A DEC shall be valid for a period of 12 months from the date of its issue and shall be updated and renewed each year.
(10) Upon the issue of a DEC for a large building within the period of validity of the existing DEC, the existing DEC shall be deemed to stand revoked.
Cancellation of BER data file or BER certificate
23. (1) The Issuing Authority may revoke a BER data file for a building compiled by a BER assessor where it has reasonable grounds for believing that the BER data file was not completed or issued in accordance with these Regulations, and shall enter that revocation into the BER record for that building.
(2) Where a BER data file is revoked, any BER certificate (and accompanying advisory report), including a provisional BER certificate (and accompanying advisory report) where applicable, issued on foot of that data file shall be deemed to stand revoked, and that revocation shall be entered by the Issuing Authority into the BER record for that building.
(3) Where the Issuing Authority revokes a BER data file or BER certificate, the Issuing Authority may demand, by notice in writing, the giving up by the owner of the building, or by an agent acting on behalf of the owner, to the Issuing Authority any extant written version or copy of the relevant BER certificate and accompanying advisory report, within 14 days of the making of such demand.
(4) A person who fails to comply with a demand under paragraph (3) commits an offence.
(5) Where a BER data file or a BER certificate is revoked under this Regulation—
(a) an application may be made by the person who paid a fee for the relevant BER assessment to the BER assessor who carried out the BER assessment for reimbursement of that fee, and
(b) the BER assessor shall make the reimbursement referred to in subparagraph (a) if he or she is satisfied that the fee for the BER assessment in respect of which the BER data file relates was paid by the person making the application.
(6) Where the Issuing Authority revokes a BER data file or BER certificate under these Regulations, it shall immediately inform the BER assessor who issued the BER data file of the date the BER report or BER certificate was revoked, the reason for the revocation and the address or other identifier of the building to which the revoked BER report or revoked BER certificate relates.
Cancellation of DEC data file or DEC
24. (1) The Issuing Authority may revoke a DEC data file compiled by a DEC assessor where it has reasonable grounds for believing that the DEC data file was not completed or issued in accordance with these Regulations, and shall enter that revocation into the DEC record for that building.
(2) Where a DEC data file is revoked, any DEC issued on foot of that data file shall be deemed to stand revoked, and that revocation shall be entered by the Issuing Authority into the DEC record for that building.
(3) Where the Issuing Authority revokes a DEC data file or a DEC, the Issuing Authority may demand, by notice in writing, the giving up by the owner of the building, or by an agent acting on behalf of the owner, to the Issuing Authority any extant written version or copy of the relevant DEC within 14 days of the making of such demand.
(4) A person who fails to comply with a demand under paragraph (3) commits an offence.
(5) Where a DEC data file or a DEC is revoked under this Regulation—
(a) an application may be made by the person who paid a fee for the relevant DEC assessment to the DEC assessor who carried out the DEC assessment for reimbursement of that fee, and
(b) the DEC assessor shall make the reimbursement referred to in subparagraph (a) if he or she is satisfied that the fee for the DEC assessment in respect of which the DEC data file relates was paid by the person making the application.
(6) Where the Issuing Authority revokes a DEC data file or a DEC under these Regulations, it shall immediately inform the DEC assessor who issued the DEC data file of the date the DEC report or the DEC was revoked, the reason for the revocation and the address or other identifier of the building to which the revoked DEC relates.
Alteration, defacement etc. of BER certificate or DEC
25. (1) No person shall, either by writing, drawing or in any other manner, alter, deface, mutilate or add anything to a printed copy of—
(a) a BER certificate or the accompanying advisory report, or
(b) a DEC,
or to any entry made therein.
(2) No person shall produce:
(a) a printed copy of any BER certificate or accompanying advisory report for any building, or DEC for any large building, as the case may be, which has been altered, defaced, mutilated or added to contrary to paragraph (1), or upon which the figures have become illegible or the colour has become altered by fading or otherwise;
(b) a BER certificate or accompanying advisory report, or a DEC, as the case may be, save in relation to the building for which it was issued;
(c) a BER certificate or accompanying advisory report, or a DEC, as the case may be, which has become void or the validity of which has expired;
(d) any other imitation of a BER certificate or accompanying advisory report, or a DEC, as the case may be.
(3) The Issuing Authority may require the owner of a building, or an agent acting on behalf of the owner, to surrender to it for correction a BER certificate or accompanying advisory report where the authority has reason to believe that the BER certificate or accompanying advisory report contains particulars which are not correct and, upon being so required, the owner of the building, or an agent acting on behalf of the owner, shall surrender the relevant documents to the Issuing Authority forthwith which shall have issued to the owner, or an agent acting on behalf of the owner, a replacement BER certificate or accompanying advisory report.
(4) The Issuing Authority may require the owner of a building, or an agent acting on behalf of the owner, to surrender to it for correction a DEC where the authority has reason to believe that the DEC contains particulars which are not correct and, upon being so required, the owner of the building, or an agent acting on behalf of the owner, shall surrender the relevant document to the Issuing Authority forthwith which shall have issued to the owner, or an agent acting on behalf of the owner, a replacement DEC.
(5) Any person who contravenes a provision of this Regulation commits an offence.
Records, data and documentation
26. (1) All data, documentation and records kept by a BER assessor, or a DEC assessor, as the case may be, in connection with the carrying out of BER assessments, or DEC assessments, under these Regulations are the property of the Issuing Authority which has the power to—
(a) direct a BER assessor or DEC assessor, the manner by, and duration for, which such records be retained, and
(b) demand from the BER assessor, or the DEC assessor, as the case may be, any such data, documentation or records as it considers appropriate.
(2) BER certificates, provisional BER certificates, the accompanying advisory reports and DECs issued under these Regulations shall be deemed to be, and shall remain, the property of the Issuing Authority and shall be furnished to the authority on demand for such amendment, cancellation or reissue as the circumstances may warrant.
(3) The lawful BER record in relation to a building shall be that maintained on the BER register by the Issuing Authority.
(4) The most recent BER record entered in relation to a building on the BER register by the Issuing Authority shall be deemed to supercede any previous BER record for that building.
(5) The lawful DEC record in relation to a large building shall be that maintained on the DEC register by the Issuing Authority.
(6) The most recent DEC record entered in relation to a building on the DEC register by the Issuing Authority shall be deemed to supercede any previous DEC record for that building.
Registers maintained by Issuing Authority
27. (1) The Issuing Authority shall establish, operate and maintain:
(a) a register of BER assessors registered by the Issuing Authority;
(b) a BER register comprising BER certificates, provisional BER certificates, advisory reports, BER data files and related data or documents;
(c) a register of DEC assessors registered by the Issuing Authority;
(d) a DEC register comprising DECs, DEC data files and related data or documents;
(e) any other register that the Issuing Authority considers necessary for the proper administration of the BER system.
(2) Any register established under paragraph (1) may be held in non-legible form provided it is capable of being reproduced in legible form.
(3) Each register established under paragraph (1) shall be a public record, and shall be kept under the management of the Issuing Authority.
(4) In relation to the registers established under paragraph (1), the following access rights shall apply:
(a) extracts from the register of BER assessors, comprising the name of each current BER assessor, the name of his or her employer (if any), place of business, contact details, and the designated classes of buildings to which his or her BER registration applies, shall be open to public inspection on the internet or, during normal office hours, at the offices of the Issuing Authority;
(b) extracts from the BER register, comprising BER certificates, provisional BER certificates where applicable, and accompanying advisory reports, shall be open to public inspection on a restricted basis on the internet or, during normal office hours, at the offices of the Issuing Authority;
(c) other than provided for in subparagraphs (a) and (b), a data file or other extract from a register relating to a BER assessment for a particular building shall normally only be made available to—
(i) the BER assessor that carried out the relevant BER assessment, or his or her then employer,
(ii) a BER assessor undertaking any subsequent BER assessment of the relevant building, or his or her employer, or
(iii) the relevant owner of the building, or an agent acting on behalf of the owner, via a BER assessor;
(d) extracts from the register of DEC assessors, comprising the name of each current DEC assessor, the name of his or her employer (if any), place of business and contact details, shall be open to public inspection on the internet or, during normal office hours, at the offices of the Issuing Authority;
(e) extracts from the DEC register, comprising DECs, shall be open to public inspection on the internet or, during normal office hours, at the offices of the Issuing Authority;
(f) other than provided for in subparagraphs (d) and (e), a data file or other extract from a register relating to a DEC assessment for a particular building shall normally only be made available to—
(i) the DEC assessor that carried out the relevant DEC assessment, or his or her then employer,
(ii) a DEC assessor undertaking any subsequent DEC assessment of the relevant building, or his or her employer, or
(iii) the relevant owner of the building, or an agent acting on behalf of the owner, via a DEC assessor.
Evidential Value
28. (1) In any proceedings a certificate signed by an authorised officer of the Issuing Authority containing only information stated in that certificate to be taken from a register maintained by the Issuing Authority shall be sufficient evidence of the facts stated therein until the contrary is shown.
(2) In any proceedings a document purporting to be a certificate under paragraph (1) shall be deemed to be such a certificate and to have been signed by an authorised officer of the Issuing Authority, until the contrary is shown.
(3) A certificate under paragraphs (1) or (2) that purports to bear a facsimile signature of the authorised officer of the Issuing Authority concerned or a copy of such signature applied by means of a stamp or produced by a computer shall be deemed for the purpose of this article have been signed by an authorised officer, until the contrary is shown.
PART 5
ENFORCEMENT
Appointment and powers of authorised officers
29. (1) The Issuing Authority and Building Control Authorities may appoint persons to be authorised officers for the purposes of enforcing these Regulations.
(2) An authorised officer—
(a) shall be furnished with a warrant of his or her appointment, and
(b) when exercising a power conferred on him or her under these Regulations shall, if requested by any person affected, produce the warrant of his or her appointment.
Power of authorised officers to enter, inspect etc. buildings
30. (1) An authorised officer may, for any purpose connected with these Regulations—
(a) at all reasonable times, enter, inspect and examine a building or any part of a building for the purpose of forming an opinion as to whether or not a BER data file or BER certificate issued for the building, or part of the building, is warranted,
(b) at all reasonable times, enter, inspect and examine a building or any part of a building for the purpose of forming an opinion as to whether or not a DEC data file or a DEC issued for the building, or part of the building, is warranted, or
(c) at all reasonable times, enter, inspect and examine a building or any part of a building for the purpose of obtaining any information which the Minister, the Issuing Authority or a Building Control Authority, as the case may be, may require, or for performing a function under these Regulations.
(2) An authorised officer shall not, other than with the consent of the occupier, enter into a private dwelling under this Regulation unless he or she has obtained a warrant from the District Court under paragraph (6) authorising such entry.
(3) Whenever an authorised officer enters a building, or any part of a building, under these Regulations, he or she may—
(a) take photographs and carry out inspections,
(b) carry out tests and take samples,
(c) carry out surveys and examinations,
(d) examine construction works,
(e) require information from the owner, or the occupier, of the building,
(f) require the production of, or inspect, records or documents (including plans and specifications), or take copies of or extracts from, or take away if considered necessary for the purposes of inspection or examination, any records or documents (including plans and specifications),
which the authorised officer, having regard to all the circumstances, considers necessary for the purposes of exercising any function under these Regulations.
(4) An authorised officer shall be entitled to be assisted by such persons, and to bring such equipment, as he or she considers necessary to enable him or her to exercise his or her powers under these Regulations.
(5) A person who—
(a) fails to permit an inspection of a building under this Regulation,
(b) without reasonable explanation fails or refuses to comply with any request or requirement made by an authorised officer under this Regulation,
(c) obstructs, impedes, interferes with or assaults an authorised officer in the exercise of a power under this Regulation,
(d) gives to an authorised officer information which is false or misleading in a material respect,
(e) alters, suppresses, or destroys any BER data file, related calculations, BER certificate (including provisional BER certificate), advisory report, book, document or record, including a printed copy thereof, and including electronic data, which the person concerned has been requested or required to produce, or may reasonably expect to be required to produce, or
(f) alters, suppresses, or destroys any DEC data file, related calculations, DEC, book, document or record, including a printed copy thereof, and including electronic data, which the person concerned has been requested or required to produce, or may reasonably expect to be required to produce,
commits an offence.
(6)(a) Where an authorised officer in the exercise of his or her powers under these Regulations is prevented from entering any building or any part of a building, or if he or she has reason to believe that evidence related to a suspected offence under these Regulations may be present in any building or any part of a building and that the evidence may be removed therefrom or destroyed, the authorised officer or the person by whom he or she was appointed may apply to the District Court for a warrant under this paragraph authorising the entry by the authorised officer onto or into the building or any part thereof.
(b) If, on application being made to the District Court under this paragraph, the District Court is satisfied, on the sworn information of the authorised officer that he or she has been prevented from entering a building or any part of the building, the Court may issue a warrant authorising that person, accompanied, if the Court deems it appropriate by another authorised officer or a member of the Garda Síochána, as may be specified in the warrant, at any time or times within one month from the date of the issue of the warrant, on production if so requested of the warrant, to enter, if need be by force, the premises concerned and exercise the powers referred to in paragraphs (1), (3) or (4).
Prosecution
31. (1) Proceedings for an offence under of these Regulations may be brought and prosecuted by the Building Control Authority or the Issuing Authority as appropriate.
(2) Where an offence under these Regulations is committed by a body corporate, or by an unincorporated body of persons, or by a person purporting to act on behalf of a body corporate or on behalf of an unincorporated body of persons, and it is proved to have been committed with the consent or connivance of, or to be attributable to, any neglect on the part of any person who when the offence was committed, was, or purported to act as, a director, manager, secretary or other officer or member of such body, such other person as well as the body, or the person purporting to act on behalf of the body, commits an offence and is liable to be proceeded against and punished as if he or she were guilty of the first mentioned offence.
Penalties
32. A person guilty of an offence under:
(1) Regulations 9(1), 15(1), 16(19), 16(20), 16(21), 16(22), 23(4), 24(4) and 25(5) of these Regulations is liable on summary conviction to a class A fine;
(2) Regulation 30(5) of these Regulations is liable on summary conviction to a class A fine or imprisonment for a term not exceeding 3 months or both.
PART 6
MISCELLANEOUS
Heating and air-conditioning systems
33. (1) The Issuing Authority may, from time to time, take such steps as are necessary to promote advice to the users of heating systems in accordance with the provisions of Article 14(4) of the Directive. Such advice may provide for—
(a) the replacement of boilers,
(b) potential modifications to the heating system, and
(c) alternative solutions to assess the efficiency and appropriate size of the boiler.
(2) The Issuing Authority may, from time to time, take such steps as are necessary to promote advice to the users of air-conditioning systems in accordance with the provisions of Article 15(4). Such advice may provide for—
(a) the replacement of air-conditioning systems,
(b) potential modifications to the air-conditioning system, and
(c) inspections to assess the efficiency and appropriate size of the air-conditioning system.
Revocation
34. On and from 9 January 2013, the following are revoked—
(a) the European Communities (Energy Performance of Buildings) Regulations 2006 ( S.I. No. 666 of 2006 ),
(b) the European Communities (Energy Performance of Buildings) (Amendment) Regulations 2008 ( S.I. No. 229 of 2008 ), and
(c) the European Communities (Energy Performance of Buildings) (Amendment) (No. 2) Regulations 2008 ( S.I. No. 591 of 2008 ).
Transitional arrangements
35. (1) A BER certificate, and the accompanying advisory report, issued in accordance with the provisions of the Regulations of 2006 shall remain valid for the period of the certificate’s validity and that certificate, and accompanying advisory report, shall be deemed to satisfy the provisions under Part 3 of these Regulations.
(2) A provisional BER certificate, and the accompanying advisory report, issued in accordance with the provisions of the Regulations of 2006 shall remain valid for the period of the certificate’s validity and that certificate, and the accompanying advisory report, shall be deemed to satisfy the provisions under Part 3 of these Regulations.
(3) A DEC issued in accordance with the provisions of the Regulations of 2006 shall remain valid for the period of the certificate’s validity and that certificate shall be deemed to satisfy the provisions of Regulation 14 of these Regulations.
SCHEDULE 1
FORM OF BUILDING ENERGY RATING (BER) FOR DWELLING
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SCHEDULE 2
FORM OF PROVISIONAL BUILDING ENERGY RATING (BER) FOR NEW DWELLING
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SCHEDULE 3
FORM OF BUILDING ENERGY RATING (BER) FOR BUILDING OTHER THAN A DWELLING
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SCHEDULE 4
FORM OF PROVISIONAL BUILDING ENERGY RATING (BER) FOR NEW BUILDING OTHER THAN A DWELLING
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SCHEDULE 5
FORM OF DISPLAY ENERGY CERTIFICATE FOR LARGE BUILDINGS
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GIVEN under my Official Seal,
9 July 2012.
PHIL HOGAN,
Minister for Environment, Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations provide for the transposition and implementation of Articles 1, 2, 3, 4(2), 6, 7, 11, 12, 13, 14(4), 15(4), 17, 18, 27, 28 and 29 of Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (recast).
Part 2 of these Regulations requires a person who commissions the construction of a new building to examine the technical, environmental and economic feasibility of installing high efficiency alternative energy systems at design stage. This requirement will apply to new buildings for which planning permission is applied for on or after 9 January 2013.
Part 3 of these Regulations provides that a Building Energy Rating (BER) certificate be secured when:—
• a new building is offered for sale or for let on or after 9 January 2013;
• an existing building is offered for sale or for let on or after 9 January 2013.
Where a new building is offered for sale or for let from plans, the Regulations provide that a provisional BER certificate be secured which will be replaced by a final BER certificate on completion of construction. This Part also requires that a building’s energy performance indicator be stated in advertisements relating to the sale or letting of the building.
In addition, on or after 9 January 2013, any building in excess of 500 m2 which is frequently visited by the public is required to display either a BER certificate or a Display Energy Certificate (DEC) in a prominent place clearly visible to members of the public. On and from 9 July 2015, this requirement is extended to all buildings in excess of 250 m2 which are frequently visited by the public when occupied by public bodies.
Part 4 of these Regulations provides that the Sustainable Energy Authority of Ireland shall be responsible, inter alia, for the administration of the BER system and sets out requirements in relation to the registration of BER assessors, the issue of BER certificates, quality assurance, the maintenance of records, databases and documents, fees and levies, the development of codes of practice for assessors and assessor training providers.
Part 5 of the Regulations provides for enforcement and sets out the powers of authorised officers and the penalties that may apply to any person guilty of an offence under these Regulations.
Part 6 of these Regulations provides that the Sustainable Energy Authority of Ireland may take such steps as are necessary to promote advice to the users of heating and air-conditioning systems in accordance with the alternative approach set out in Articles 14(4) and 15(4), and by extension Article 16, of the Directive.
S.I. No. 183/2019 –
European Union (Energy Performance Of Buildings) Regulations 2019
“Iris Oifigiúil” of 3rd May, 2019.
INDEX
1. Citation
2. Commencement
3. Purpose of Regulations
4. Interpretation generally
5. Exempted Dwellings
6. Application
7. Existing Dwellings
8. Nearly Zero Energy Buildings
9. Technical Guidance Documents
I, EOGHAN MURPHY, Minister for Housing, Planning and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No.27 of 1972) and for the purpose of giving effect to Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (recast) as amended by Directive (EU) 2018/844 of the European Parliament and of the Council of 30 May 2018, hereby make the following regulations:
Citation
1. These Regulations may be cited as the European Union (Energy Performance of Buildings) Regulations 2019
Commencement
2. These Regulations shall come into operation on 1 November 2019.
Purpose of the Regulations
3. The purpose for which these Regulations are made include, in particular, the giving of further effect to the relevant provisions of Articles 2, 7, and 9 of Directive 2010/31/EU of the European Parliament and of the Council of 19 May 20101 .
Interpretation generally
4. In these Regulations: –
“building element” means a technical building system or an element of the building envelope;
“building envelope” means the integrated elements of the building which separate its interior from the outdoors environment;
“building control regulations” means the Building Control Regulations 1997 ( S.I. No. 496 of 1997 ) as amended;
“building regulations” means the Building Regulations 1997 ( S.I. No. 497 of 1997 ) as amended;
“cost-optimal level” means the energy performance level which leads to the lowest cost during the estimated economic lifecycle, where:
(a) the lowest cost is determined taking into account energy- related investment costs, maintenance and operating costs (including energy costs and savings, the category of building concerned, earnings from energy produced), where applicable, and disposal costs, where applicable; and
(b) the estimated economic lifecycle refers to the remaining estimated economic lifecycle of a building where energy performance requirements are set for the building as a whole, or to the estimated economic lifecycle of a building element where energy performance requirements are set out for building elements,
and the cost optimal level shall lie within the range of performance levels where the cost benefit analysis calculated over the estimated economic lifecycle is positive;
“Directive” means Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (recast) as amended by Directive (EU) 2018/844 of the European Parliament and of the Council of 30 May 2018;
“dwelling” means a house or flat forming a separate unit of residential accommodation;
“energy from renewable sources” means energy from renewable non-fossil sources, namely wind, solar, aerothermal, geothermal, hydrothermal and ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases;
“energy performance of a building” means the calculated or measured amount of energy needed to meet the energy demand associated with a typical use of the building, which includes, inter alia, energy used for heating, cooling, ventilation, hot water and lighting;
“flat” means separate and self-contained premises constructed or adapted for residential use and forming part of a building from some other part of which it is divided horizontally;
“major renovation” means the renovation of a building where more than 25% of the surface of the building envelope undergoes renovation;
“nearly zero-energy building” means a building that has a very high energy performance and the nearly zero or very low amount of energy required should be covered to a very significant extent by energy from renewable sources, including energy from renewable sources produced on-site or nearby;
“substantial work has been completed” means that the structure of the external walls of the dwelling has been erected;
“surface of the building envelope” means the entire surface of a building through which it can lose heat to the external environment or to the ground, including all heat loss areas of walls, windows, floors and roof;
“technical building system” means technical equipment for the heating, cooling, ventilation, hot water, lighting or for a combination thereof, of a building or building unit;
“works” includes any act or operation in connection with the construction, extension, alteration, repair or renewal of a building.
Exempted Dwellings
5. These regulations do not apply to the following categories of dwellings:
(a) a national monument for the purposes of the National Monuments Act 1930 (No. 2 of 1930), including a recorded monument under the provisions of Section 12 of the National Monuments (Amendment) Act 1994 (No. 17 of 1994) or a registered historic monument under the provisions of Section 5 of the National Monuments (Amendment) Act 1987 (No. 17 of 1987);
(b) a protected structure or proposed protected structure within the meaning of the Planning and Development Act 2000 (No. 30 of 2000).
Application
6. (1) These Regulations shall apply to works in connection with the design and construction of a new dwelling and to works to an existing dwelling which undergoes a major renovation, where the relevant works or major renovation commence or take place, as the case may be, on or after 1st November 2019 except where –
(a) an application is made on or before 31st October 2019 for planning permission or approval pursuant to the Planning and Development Act 2000 (No. 30 of 2000) and where substantial work has been completed by 31st October 2020; or
(b) a notice pursuant to the provisions of Part 8 of the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ) has been published on or before 31st October 2019 and where substantial work has been completed by 31st October 2020.
(2) (a) All works to which these regulations apply must comply with the Building Regulations and the Building Control Regulations.
(b) The provisions of the Building Control Acts 1990 to 2014 apply to these Regulations.
Existing Dwellings
7. When a dwelling undergoes major renovation, the minimum energy performance requirement of the dwelling or the renovated part thereof is upgraded in order to meet the cost optimal level of energy performance in so far as this is technically, functionally and economically feasible.
Nearly Zero Energy Buildings
8. For new dwellings, the nearly zero energy performance requirements of this regulation shall be met by:
(a) providing that the energy performance of the building is such as to limit the calculated primary energy consumption and related carbon dioxide (CO2) to that of a nearly zero energy building within the meaning of the Directive, insofar as is reasonably practicable, when both energy consumption and carbon dioxide emissions are calculated using the Dwelling Energy Assessment Procedure (DEAP) published by the Sustainable Energy Authority of Ireland;
(b) providing that the nearly zero or very low amount of energy required is covered to a very significant extent by energy from renewable sources, including energy from renewable sources produced on-site or nearby;
(c) limiting the heat loss and, where appropriate, availing of heat gain through the fabric of the building;
(d) providing and commissioning energy efficient space and water heating systems with efficient heat sources and effective controls;
(e) providing that all oil and gas fired boilers shall meet a minimum seasonal efficiency of 90%;
(f) providing to the dwelling owner sufficient information about the building, the fixed building services, their controls and their maintenance requirements so that the building can be operated in such a manner as to use no more fuel and energy than is reasonable.
Technical Guidance Documents
9. (1) The Minister may publish, or arrange to have published on his behalf, documents to be known as “technical guidance documents” for the purpose of providing guidance with respect to compliance with the nearly zero energy performance and cost optimal level performance requirements of these Regulations.
Subject to the provisions of sub-article (3), where works or a building to which these Regulations apply is or are designed and constructed in accordance with any guidance contained in a technical guidance document, this shall, prima facie, indicate compliance with the relevant requirements of these Regulations.
The provisions of any guidance contained in a technical guidance document published under sub-article (1) concerning the use of a particular material, method of construction or specification, shall not be construed as prohibiting compliance with a requirement of these Regulations by the use of any other suitable material, method of construction or specification.
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GIVEN under my Official Seal,
29 April 2019.
EOGHAN MURPHY
Minister for Housing, Planning and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations;
1. transpose articles 2, 7 and article 9 1(a) Articles 2, 7, and 9 of Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (recast).
2. set higher building energy performance standards for dwellings, in accordance with the nearly zero energy building requirements contained in the Energy Performance of Buildings Directive; and
3. introduce a requirement that where a dwelling is undergoing a major renovation, defined as a renovation where more than 25% of the surface envelope of the building undergoes renovation, the energy performance of the whole dwelling should achieve a cost optimal energy performance where technically, functionally, and economically feasible.
The regulations apply in respect of dwellings and major renovations which are commenced on or after 1st November 2019. Part L of the Building Regulations continues to apply to material alterations.
Transitional arrangements apply in relation to dwellings for which planning permission or approval is applied for on or before 31 October 2019, and where substantial work has been completed by 31st October 2020.
1 O.J. No. L 153, 18.6.2010, page 13.
S.I. No. 292/2019 –
European Union (Energy Performance of Buildings) (No.2) Regulations 2019
“Iris Oifigiúil” of 2nd July, 2019.
INDEX
1. Citation
2. Commencement
3. Purpose of Regulations
4. Application
5. Amendments to the Building Regulations 1997
I, EOGHAN MURPHY, Minister for Housing, Planning and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No.27 of 1972) and for the purpose of giving effect to Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (recast) as amended by Directive (EU) 2018/844 of the European Parliament and of the Council of 30 May 2018, hereby make the following regulations:
Citation
1. These Regulations may be cited as the European Union (Energy Performance of Buildings) (No. 2) Regulations 2019.
Commencement
2. These Regulations shall come into operation on 1st November 2019.
Purpose of the Regulations
3. The purpose for which these Regulations are made is to amend the Building Regulations 1997 (as amended) by inserting the provisions of the European Union (Energy Performance of Buildings) Regulations 2019.
Application
4. These Regulations shall apply from 1st November 2019 except where –
(a) a planning application is made on or before 31st October 2019 for planning permission or approval pursuant to the Planning and Development Act 2000 (No. 30 of 2000) and where substantial work has been completed by 31st October 2020; or
(b) a notice pursuant to the provisions of Part 8 of the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ) has been published on or before 31st October 2019 and where substantial work has been completed by 31st October 2020.
Amendment of the Building Regulations 1997
5. The Building Regulations 1997 are amended by: –
(a) substituting for Article 11(6), the following—
“(6) Part L6 of the Second Schedule of these Regulations shall apply to major renovations in respect of dwellings.”,
(b) inserting after Article 11(6), the following—
“(7) Part L of the Second Schedule to these Regulations shall not apply to works (including extensions) to an existing building which is a ‘protected structure’ or a ‘proposed protected structure’ within the meaning of the Planning and Development Act 2000 (No. 30 of 2000).”,
(c) inserting after requirement L5 in Part L of the Second Schedule, the following:—
“L6 Energy performance of buildings requirements as set out in the European Union (Energy Performance of Buildings) Regulations 2019”, and
(d) amending Part L of the Second Schedule, in so far as it relates to dwellings, by removing Part L3.
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GIVEN under my Official Seal,
27 June, 2019.
EOGHAN MURPHY, T.D.
Minister for Housing, Planning And Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the Building Regulations 1997, with effect from 1 November 2019, including
1. Inserting L6 into the Second Schedule to refer to the European Union (Energy Performance of Buildings) Regulations 2019.
2. Removing L3 from the Second Schedule of the Building Regulations in so far is it relates to dwellings.
S.I. No. 393/2021 –
European Union (Energy Performance of Buildings) Regulations 2021
I, DARRAGH O’BRIEN, Minister for Housing, Local Government and Heritage, in exercise of the functions conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Articles 8, 14 and 15 (inserted by Directive (EU) 2018/844 of the European Parliament and of the Council of 30 May 20181 ) of Directive 2010/31/EU of the European Parliament and of the Council of 19 May 20102 on the energy performance of buildings, hereby make the following regulations:
Citation and construction
1. (1) These Regulations may be cited as the European Union (Energy Performance of Buildings) Regulations 2021.
(2) The Principal Regulations and these Regulations may be cited together as the Building Regulations 1997 to 2021 and shall be construed together as one.
Definitions
2. (1) In these Regulations –
“Act of 1990” means the Building Control Act 1990 (No. 3 of 1990);
“notice” means –
(a) a notice referred to in section 6(2)(k), or
(b) a 7 day notice statutory declaration within the meaning of section 6(2)(a)(v),
of the Act of 1990;
“Directive” means Directive 2010/31/EU of the European Parliament and of the Council of 19 May 20102 on the energy performance of buildings, as amended by Directive (EU) 2018/844 of the European Parliament and of the Council of 30 May 20181 ;
“Minister” means the Minister for Housing, Local Government and Heritage;
“Principal Regulations” means the Building Regulations 1997 to 2019;
“recharging point” has the meaning it has in Article 2 of Directive 2014/94/EU of the European Parliament and of the Council of 22 October 20143 on the deployment of alternative fuels infrastructure;
“small or medium-sized enterprise” has the meaning it has in Title I of the Annex to Commission Recommendation 2003/361/EC of 6 May 20034 concerning the definition of micro, small and medium-sized enterprises.
(2) A word or expression that is used in these Regulations and that is also used in the Directive shall, unless the context otherwise requires, have the same meaning in these Regulations that it has in the Directive.
Scope
3. These Regulations shall apply to the following:
(a) a new building;
(b) an existing building (other than a dwelling);
(c) a building that is undergoing major renovation.
Design and construction of works and buildings
4. Subject to Regulation 6, every works or building to which these Regulations apply shall be designed and constructed in accordance with the requirements specified in Regulation 5.
Energy performance of buildings
5. The requirements referred to in Regulation 4 are the following:
(a) A new building shall, where technically and economically feasible, be equipped with self-regulating devices for the separate regulation of the temperature in each room or, where justified, in a designated heated zone of the building unit.
(b) Where a heat generator is being replaced in an existing building, where technically and economically feasible, self-regulating devices shall also be installed.
(c) An existing building (other than a dwelling) shall, before 31 December 2025, where technically and economically feasible, be equipped with a building automation and control system if –
(i) the effective rated output for heating systems or systems for combined space heating and ventilation in the building is over 290kW, or
(ii) the effective rated output for systems for air-conditioning or systems for combined air-conditioning and ventilation in the building is over 290kW.
(d) In respect of an existing building (other than a dwelling) with more than 20 car parking spaces, there shall be installed, before 1 January 2025, one, or more, recharging points.
(e) A building (other than a dwelling) which has more than 10 car parking spaces, that is –
(i) new, or
(ii) subject to subparagraph (g), undergoing major renovation,
shall have installed at least one recharging point and ducting infrastructure (consisting of conduits for electric cables) for at least one in every 5 car parking spaces to enable the subsequent installation of recharging points for electric vehicles.
(f) A building (containing one, or more than one, dwelling), which has more than 10 car parking spaces, that is –
(i) new, or
(ii) subject to subparagraph (g), undergoing major renovation,
shall have installed ducting infrastructure (consisting of conduits for electric cables) for each car parking space to enable the subsequent installation of recharging points for electric vehicles.
(g) The requirements of subparagraphs (e) and (f), as the case may be, shall apply to a building undergoing major renovation where–
(i) in a case where the car park is located inside the building, the renovations concerned include the car park or the electrical infrastructure of the building, or
(ii) in a case where the car park is physically adjacent to the building, the renovations concerned include the car park or the electrical infrastructure of the car park.
Exclusion of certain buildings
6. (1) The requirement set out in subparagraph (d) of Regulation 5 shall not apply to a building that is owned and occupied by, as the case may be, a small or medium-sized enterprise.
(2) The requirement set out in subparagraph (e) of Regulation 5 shall not apply to a building –
(a) where the submission of a notice has been made in respect of the building work concerned on or before 10 March 2021, or
(b) that is owned and occupied by, as the case may be, a small or medium-sized enterprise.
(3) The requirement set out in subparagraph (f) of Regulation 5 shall not apply to a building where the submission of a notice has been made in respect of the building work concerned on or before 10 March 2021.
Technical guidance documents
7. (1) The Minister may publish, or arrange to have published on his or her behalf, documents to be known as “technical guidance documents” for the purpose of providing guidance with respect to compliance with the requirements of these Regulations.
(2) Subject to paragraph (3), where works or a building to which these Regulations apply is or are designed and constructed in accordance with any guidance contained in a technical guidance document, this shall, prima facie, indicate compliance with the relevant requirements of these Regulations.
(3) The provisions of any guidance contained in a technical guidance document published under paragraph (1) concerning the use of a particular material, method of construction or specification, shall not be construed as prohibiting compliance with a requirement of these Regulations by the use of any other suitable material, method of construction or specification.
Offences
8. Any person who contravenes (by act or omission) any requirement of these Regulations shall be guilty of an offence.
Penalties
9. A person guilty of an offence under Regulation 8 shall be liable to the penalties under section 17, and subject to the requirements of sections 17A to 17C (as if each reference to “this Act” in those sections read “this Act or the European Union (Energy Performance of Buildings) Regulations 2021), of the Act of 1990.
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GIVEN under my Official Seal,
27 July, 2021.
DARRAGH O’BRIEN,
Minister for Housing, Local Government and Heritage.
1 OJ No. L 156, 19.06.2018, p. 75
2 OJ No. L 153, 18 06.2010, p. 13
2 OJ No. L 153, 18 06.2010, p. 13
1 OJ No. L 156, 19.06.2018, p. 75
3 OJ No. L 307, 28.10.2014, p. 1
4 OJ No. L 124, 20.05.2003, p. 3
S.I. No. 376/2022 –
European Union (Energy Performance of Buildings) Regulations 2022
I, EAMON RYAN, Minister for the Environment, Climate and Communications, in exercise of the functions conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving full effect to Articles 14 and 15 of Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 , as amended by Directive (EU) 2018/844 of the European Parliament and of the Council of 30 May 2018 , hereby make the following regulations:
Citation and construction
1. These Regulations may be cited as the European Union (Energy Performance of Buildings) Regulations 2022.
Definitions
2. (1) In these Regulations –
“Directive” means Directive 2010/31/EU of the European Parliament and of the Council of 19 May 20101 on the energy performance of buildings, as amended by Directive (EU) 2018/844 of the European Parliament and of the Council of 30 May 20182 amending Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency;
“SEAI” means the Sustainable Energy Authority of Ireland.
(2) A word or expression used in these Regulations and which is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in that Directive.
Advice on heating systems
3. (1) The SEAI shall provide advice to users concerning the replacement of heat generators, other modifications to the heating system or to the system for combined space heating and ventilation and alternative solutions to assess the efficiency and appropriate size of those systems.
(2) Prior to the application of the alternative measures mentioned in paragraph (1), the SEAI shall document the equivalence of the impact of those measures to the impact of the alternative measures mentioned in Regulation 6.
Advice on air-conditioning systems
4. (1) The SEAI shall provide advice to users concerning the replacement of air-conditioning systems or systems for combined air-conditioning and ventilation, other modifications to the air-conditioning system or system for combined air-conditioning and ventilation and alternative solutions to assess the efficiency and appropriate size of those systems.
(2) Prior to the application of the alternative measures mentioned in paragraph (1), the SEAI shall document the equivalence of the impact those measures to the impact of the alternative measures mentioned in Regulation 7.
Documentation on equivalence
5. (1) The documentation prepared by the SEAI under paragraph (2) of Regulation 3 or 4 shall –
(a) be provided to the Minister, in accordance with the applicable planning and reporting obligations, for submission to the European Commission prior to the application of the alternative measures mentioned in paragraph (1) of Regulations 3 and 4, and
(b) have had regard to the equivalent measures and exemptions contained in Article 14 or 15, as the case may be, of the Directive.
Impact of advice: heating systems
6. (1) The overall impact of the advice provided by the SEAI under Regulation 3 shall seek to achieve the equivalent effect of regular inspections of the accessible parts of heating systems or of systems for combined space heating and ventilation, with an effective rated output of over 70 kW, such as the heat generator, control system and circulation pump(s) used for heating buildings were to be established.
(2) The inspections, referred to in paragraph (1), would include an assessment of the efficiency and sizing of the heat generator compared with the heating requirements of the building and, where relevant, consider the capabilities of the heating system or of the system for combined space heating and ventilation to optimise its performance under typical or average operating conditions.
Impact of advice: air-conditioning systems
7. (1) The overall impact of the advice provided by the SEAI under Regulation 4 shall seek to achieve the effect equivalent of regular inspections of the accessible parts of air-conditioning systems or of systems for combined air-conditioning and ventilation, with an effective rated output of over 70 kW.
(2) The inspections, referred to in paragraph (1), would include an assessment of the efficiency and sizing of the air-conditioning system compared with the cooling requirements of the building and, where relevant, consider the capabilities of the air conditioning system or of the system for combined air-conditioning and ventilation to optimise its performance under typical or average operating conditions.
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GIVEN under my Official Seal,
18 July, 2022.
EAMON RYAN,
Minister for the Environment,
Climate and Communications.