Short answer: BER exempt means the seller or landlord does not have to provide a Building Energy Rating certificate because the building falls into one of the exempt classes in the BER regulations: a protected structure, a national monument, a place of worship, a stand-alone building under 50 square metres, certain temporary, agricultural and low-heat industrial buildings. It says nothing about how warm or cheap to heat the home is. Ask the agent in writing which exemption applies, and check it.
The exempt classes
Citizens Information lists them from the regulations. A building does not need a BER when sold or rented if it is one of these:
- A protected structure (on the council’s Record of Protected Structures), or a proposed protected structure.
- A national monument.
- A place of worship or a building used for religious activities.
- A stand-alone building with a total floor area under 50 square metres.
- Certain temporary buildings.
- Non-residential agricultural buildings, and industrial buildings not meant for people to occupy with an installed heating capacity under 10 W/m².
For a home buyer only the first and fourth matter in practice. A Georgian terrace in a city centre is often a protected structure. A small cottage, a converted outbuilding or a holiday chalet can come in under 50 square metres. Everything else that is sold or let as a home needs a certificate, and the advert must show the rating, the BER number and the energy performance indicator.
What exempt does not mean
It does not mean the home is efficient, and it does not mean it is bad. It means nobody was obliged to measure. A protected structure built in 1840 with single glazing and open fires will heat like one, and a buyer should price the running costs and the limits on insulation works (external insulation and replacement windows on a protected structure need permission). SEAI and Citizens Information both note that the owner of a protected structure can still commission a BER voluntarily, so if the house has one, ask for it.
Three things to check
First, the basis. Ask the agent which exemption applies, in writing. “BER exempt” with no reason is a flag, because the exemption is the seller’s claim, not SEAI’s. Second, if the reason is protected structure, find the house on the council’s Record of Protected Structures, which is part of the development plan and usually searchable on the council website or on MyPlan. Being on it brings duties as well as the BER exemption: works that affect the character of the building need planning permission, and the council can serve a notice to repair. Third, if the reason is under 50 square metres, check the area against the floor plan in the brochure. A 49 square metre cottage is exempt; the same cottage with a 20 square metre extension is not.
One real example from our own reports: a cottage near Midleton, Co. Cork, listed as “BER Exempt: standalone building under 50 sq. metres”, 49 square metres on the plan. No certificate existed on the register, and none was required. The report said so instead of guessing, and told the buyer to get the basis in writing.
Where our report fits
Type the Eircode on the BER check page. Where a certificate exists, you get the rating and the advisory report. Where the listing says exempt and the public record agrees, the report states that no certificate is on file and none is required, lists the exempt classes, and asks you to confirm the basis with the seller. It also runs the protected structure check against the National Inventory of Architectural Heritage, which catches many listed buildings before you ask.
Questions people ask
- Can a landlord advertise a flat as BER exempt?
- Only if the building is in an exempt class, most often a protected structure. A flat in an ordinary converted house needs a certificate, and the advert must show it. SEAI says to report listings without a BER to the local Building Control Authority.
- Does BER exempt affect my mortgage?
- Not directly. Lenders ask for a BER for green mortgage rates, so an exempt home cannot get one. The standard mortgage does not depend on the BER.
- Can I get a BER done on an exempt house?
- Yes. Any registered assessor can assess it and publish the certificate. Citizens Information puts the cost at about €150 for an apartment and €200 to €300 for a house.
Related: BER certificate: cost, validity, how to get one, how to check the BER of a house, BER ratings by county and town.