F&Q 

A Building Energy Rating (BER) certificate indicates your homes energy performance. It is similar to the energy label for household appliances. The certificate rates the energy perfomance of your home on a scale of A-G. A-rated homes are the most energy efficient and will tend to have the lowest energy bills. G-rated are the least energy efficient.

Your BER is calculated through energy use for space and hot water heating, ventilation, and lighting. The number of people likely to occupy a building is also taken in consideration. This is based on the average number of occupants in buildings of a similar size. BER assessments are carried out by SEAI registered BER Assessors.

When offering a property for sale or rent you must ensure that:

  • The current BER rating for the building is stated in all advertisements. All advertisements means public announcements in: newspapers, magazines, brochures, leaflets, advertising notices, vehicles, radio, television, internet (including apps and social media), and direct mail.
  • Prospective buyers and renters can see the BER rating prominently in all advertisements
  • If images of the property are used, the BER rating type displayed should be the BER Alphanumeric Rating Motif for the particular property.

The BER advertising requirements are set out in the Energy Performance of Buildings Regulations found in the Irish Statute Book (S.I. 243 of 2012).

“Exemptions”

The following buildings do not require a BER or DEC:

  • national monuments;
  • protected structures or proposed protected structures;
  • places of worship or buildings used for the religious activities of any religion;
  • certain temporary buildings;
  • industrial buildings not intended for extended human occupancy with a low installed heating capacity (≤10 W/m2);
  • non-residential agricultural buildings with a low installed heating capacity (≤10 W/m2);
  • stand alone buildings with a small useful floor area (<50m2).”

Private Residential  Tenancies Board

The Private Residential Tenancies Board was established to operate a national tenancy registration system and to resolve disputes between landlords and tenants. The Residential Tenancies Act 2004 provides that landlords must register their tenancies with the PRTB. The PRTB maintains a published register of tenancies which is available to the public. Personal details are not disclosed on this register.

It is the responsibility of the landlord to register the tenancy with the PRTB. New tenancies must be registered within one month of the start of the tenancy. When the tenancy agreement is registered the tenancy will be allocated a unique registration number (RT number). The registration number and the details of the registration entry will issue to both the landlord and the tenant.

The Residential Tenancies Act applies to the main stream private rental sector and therefore the following tenancies do not have to be registered with the PRTB:

  • Business premises, even where partly residential (subject to the landlord and tenant amendment Act 1980)
  • Formerly rent-controlled sector
  • Long Occupation Equity lease tenancies
  • A dwelling let by or to a public authority or voluntary housing body
  • A dwelling occupied under a shared ownership lease
  • A holiday let
  • A dwelling in which the landlord is also resident
  • A dwelling in which the spouse, parent or child of the landlord is resident and there is no written lease or tenancy agreement
  • A dwelling that is occupied rent free
  • A dwelling available to rent but not yet let to a tenant

Registration of a tenancy may be completed online on www.prtb.ie

Alternatively you can download a PRTB registration form (PRTB1) from the PRTB website and post to Registrations, Private Residential Tenancies Board, PO Box 11884, Dublin 2.

You should register your tenancy agreement with the PRTB within one month of the start of the tenancy.  This is very important as we have seen a lot of cases where landlords have to pay the late fee!

The registration of a tenancy lasts the length of the tenancy agreement but is subject to a maximum duration of 4 years. If a tenancy has been in existence for four years it must be re-registered with the PRTB. Thus, the registration may not be an annual requirement.

However when the tenancy is terminated, any new tenancy created in respect of the dwelling must be registered with the PRTB.

If your tenant moves out then it is the end of the tenancy and your new tenant will need to be registered with the PRTB within one month of the commencement date.

However if it was a tenancy agreement with multiple tenants and at least one tenant still resides in the dwelling, then you just need to update the tenancy details with the PRTB. Many people are not aware that there is generally no charge for updating your tenancy details.