On the two occasions I queried this in respect of houses I was looking at, the response was "We are waiting on the vendor to arrange a survey". Which is in breach of the regulations.
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 12of 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.
I don't believe that waiting is an option. Again the regulations are very clear:If not waiting on a BER cert is it illegal to advertise for sale ?
(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.
The law states they must provide a copy of the cert to anyone interested in purchasing, not that it has to be available day 1 the property is advertised. Indeed the original legislation only references making printed copies available, there's no mention of having the rating listed on any advertising materialIf not waiting on a BER cert is it illegal to advertise for sale ?
The law states they must provide a copy of the cert to anyone interested in purchasing, not that it has to be available day 1 the property is advertised. Indeed the original legislation only references making printed copies available, there's no mention of having the rating listed on any advertising material
| 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. |
You're right, I was still looking at the original 2006 legislation.Section 12 of the SI is quite clear about this. The BER is to be stated in any advertisements. That implies that it is to be available on Day 1.
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