Offences

Offences Under the European Communities (Energy Performance
of Buildings) Regulations 2010 (S.I. No. 243 of 2012)

An authorised officer may 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.  An authorised officer may do all such things and make all such requirements in relation to the building as are reasonably necessary for the purpose of carrying out an inspection.  The regulations provide that the following offences are liable on summary conviction to a fine not exceeding € 5,000 or to a term of imprisonment not exceeding three months or both fine and imprisonment:

• Failure to permit an inspection of a building under these regulations;
• Failure or refusal to comply with any request or requirement of an authorised officer made under the regulations related to inspection of buildings, without reasonable cause;
• Obstruction, impedance, interference or assault of an authorised officer in the exercise of his or her power in respect of the inspection of buildings or
• Alteration, suppression, destruction of any BER Data file, related calculation, 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 required to produce or may reasonably expect to be required to produce.

The regulations also provide that the following matters are offences punishable by a fine not exceeding €5,000:

• Failure by a person who commissions the construction of a large new building for which planning permission is applied or a planning notice is published on or after 1st January 2007 to ensure before work commences on its construction that due consideration has been given to the technical, environmental and economic feasibility of installing alternative energy systems in the proposed large building and that the use of such systems has been taken into account, as far as practicable, in the design of that building;
• Failure by the owner of a building or the agent of such owner to produce and allow inspection by a building control authority or an authorised officer thereof of within 28 days a printed copy of a BER certificate required in respect of that building by the regulations;
• Representation by a person whose registration as a BER Assessor has lapsed, been suspended or terminated of himself or herself as a BER Assessor;
• Representation by a BER Assessor that he/she is registered to carry out BER assessments of a designated class or classes of building for which he/she is not a registered Assessor;
• Representation by a BER Assessor that he/she is an authorised officer under the regulations
• Making a statement for the performance of his or her functions to a BER Assessor, to SEAI or to an authorised officer that he or she knows to be false or misleading in a material particular or recklessly making a statement that is false or misleading in a material particular
• Failing to disclose a material particular to a BER Assessor, to SEAI or to an authorised officer for the performance of their functions
• Failure by the owner of a building or by the owner’s agent to give up any extant written version or copy of a BER certificate and advisory report where SEAI has demanded that it be given up and the relevant BER certificate or the BER Data File has been revoked;
• By writing, drawing or in any other manner altering, defacing, mutilating or adding anything to a printed copy of a BER certificate or the related advisory report or any entry made therein.