Selling a house or property in 2013 – a legal advice note from Kilkenny based Solicitors Holland Condon

Feb 11, 2013

People of Kilkenny, Carlow, Laois ! People of Ireland !!!

If you are selling property, remember the following :-

From 9th January, 2013, a vendor or vendor’s agent shall be guilty of an offence if they do not ensure that BER information is inserted into any advertisement relating to a property for sale or rent, which will include catalogues, brochures, websites, etc.

Section 12 of the European Union (Energy Performance of Buildings) Regulations 2012, contained in SI No. 243 of 2012, which came into operation on 9th January, 2013, sets out new requirements for advertising of BER (building energy rating):

· “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.”

· Section 12 (2) sets out a similar requirement in relation to a building that is not a dwelling.

· Section 12 (3) provides that the energy performance indicator of the current BER certificate for the dwelling, or as appropriate a building other than a dwelling, shall be displayed in any advertisement in relation to the sale or letting of a dwelling or a building other than a dwelling.

Section 15 (1) provides that a person who contravenes any provision of Part 3 of the Regulations is guilty of an offence. [Part 3 includes Section 12]

Section 32 provides inter alia that a person guilty of an offence under Regulation 15(1) is liable on summary conviction to a class A fine.

For the purpose of the regulations, “agent” includes, in particular but by no means exhaustively, estate agents, sales agents, letting agents and solicitors.

= Mandatory Advertising of BER

– a legal advice note from Kilkenny based Solicitors

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