European Communities (Energy Performance of Buildings) Regulations 2006
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the European Communities (Energy Performance of Buildings) Regulations 2006.
(2) These Regulations shall come into operation on 1 January 2007, save where otherwise specified in these Regulations.
Interpretation
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paragraphs: (1) In these Regulations -
“accredited BER training provider” means -
(1) Sustainable Energy Ireland; or
(2) an accredited BER training provider providing a validated BER training course leading to an award recognised through the National Qualifications Authority of Ireland;
“advisory report” means a report held and which may be viewed in electronic form on the BER register, to accompany a BER certificate or provisional BER certificate, on the basis of a BER assessment of a building and in a form approved by the issuing authority with the prior approval of the Minister, which contains recommendations on how the energy performance of the building may be improved in a cost-effective manner, and which may be reproduced and issued in printed form by or on behalf of the issuing authority;
“authorised officer” may mean either an authorised officer of a building control authority or a person authorised by the issuing authority under these Regulations;
“BER” or “building energy rating” 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 for the purpose of assigning a BER;
“BER assessor” means a person registered by the issuing authority, for a designated class or classes of building, for the purpose of BER assessment of such class or classes of building;
“BER certificate” means a certificate in a 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,
“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 these Regulations;
“building control authority” has the meaning assigned to it by Section 3 of the Building Control Act 1990 (No. 3 of 1990)
“dwelling” means a building, or any part of a building, which is used or suitable for use as a dwelling
“e-mail” means electronic mail;
“fax” means a facsimile of a signed or written communication transmitted through the telecommunications system;
“issuing authority” means Sustainable Energy Ireland as established pursuant to the Sustainable Energy Act 2002 (No. 2 of 2002);
“large building” means a building with a total useful floor area in excess of 1,000m2;
“planning application” means an application for planning permission or approval pursuant to the Planning and Development Acts 2000 to 2006;
“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 );
“prescribed” means prescribed by the Minister;
“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,
(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;
“substantial work has been completed” means the structure of the external walls of the building has been completed;
“the Act of 1990” means the Building Control Act 1990 (No. 3 of 1990);
“the Act of 1997” means the Dublin Docklands Development Authority Act 1997 (No. 7 of 1997);
“the Minister” means the Minister for the Environment, Heritage and Local Government;
(2) In these Regulations -