For the purpose of DEAP, “dwelling” means a building, or any part of a building, which is used or suitable for use by persons as a place to live. Dwellings shall include houses, apartments, maisonettes, duplexes, and other such buildings where persons would typically reside. Buildings, other than apartment complexes, that provide multi-occupancy accommodation under specific conditions such as hospitals, nursing homes, boarding schools, hotels, and hostels, shall not be considered as dwellings.
DEAP is applicable to self-contained dwellings. A self-contained dwelling, at a minimum, contains a kitchen, living/sleeping area, and a bathroom. For dwellings such as flats, apartments, maisonettes, DEAP applies to the individual dwelling unit, and does not include common areas such as access corridors.
Where a dwelling contains or has attached a room or space that is intended or used for commercial purposes, ancillary to the dwelling (for example as an office, shop, consulting room, surgery, workshop), such a room or space should be treated as part of the dwelling if the commercial part could revert to domestic use on a change of ownership or occupancy. This applies where there is direct access between the commercial space and the living accommodation, both are contained within the same thermal envelope and the living accommodation occupies a substantial proportion of the whole dwelling unit.
If a self-contained dwelling is part of a building and the remainder of the building could not readily to revert to domestic use, the dwelling is assessed by DEAP and the remainder by the non-domestic energy assessment procedure (NEAP). If the only access to the domestic accommodation is through a commercial space, then this domestic living accommodation should be included in the non-domestic BER assessment for the commercial space as detailed in the NEAP guidance (iSBEMie User Guide). Please refer to the iSBEMie user guide which details the domestic-type activities that were added to the options available under the building type ‘Residential Spaces’ in iSBEMie to allow the energy calculations for the generation of one BER certificate for a building which contains residential accommodation above a non-domestic space (e.g. a shop or a pub) provided that the residential space can only be accessed from within the non-domestic space, that is the residential part not designed or altered for use as a separate independent dwelling.
If domestic accommodation has its own separate external access, regardless of internal access between the commercial and residential spaces, the BER requirement is as follows:
AND,
Each self-contained dwelling requires an independent BER specific to that individual unit. An additional dwelling such as a “granny flat” will require its own specific BER if it meets the criteria to be considered a self-contained dwelling, and there is no internal access between it and the main dwelling. This is regardless of whether the additional adjoining dwelling ‘shares the same heating system or Meter Point Reference Number (MPRN) as the main dwelling.
A bedsit, that is accommodation with kitchen and living/sleeping area and bathroom shared with other similar bedsits, is not a self-contained dwelling. Therefore, it is not possible to publish BERs for bedsits.
For a mews (detached from the main dwelling and designed for habitation) heated off the main dwelling’s heating system and on the same MPRN, both will require independent BERs using the same MPRN number for both, (the mews is a detached unit, separate envelope, and could at a later stage be offered for rent). The heating system will be ‘Group heating’ (if it has already been determined that there are two separate dwelling areas, and that both are supplied from the same boiler) as detailed in this manual. If the mews has its own heating system, its BER assessment heating system will be ’individual‘ in DEAP.
A standalone construction within the curtilage of the dwelling (room in garden) that is not considered to be a mews should be treated as follows:
Shared accommodation and student accommodation are typically assessed under the non-domestic energy assessment procedure (NEAP).
Decisions made by the BUILDING CONTROL OFFICER or LOCAL AUTHORITY on whether one or more BERs is to be carried out must be followed.
There is no automatic exemption from the BER requirement for derelict buildings. A BER is produced where it is possible to do so and in accordance with the BER assessor Code of Practice.
In accordance with Section 7 of the Code of Practice, if a BER Assessor believes a building or any of its equipment is in such a condition as to make it unsafe or impractical to carry out an assessment, the BER Assessor may refuse to carry out the assessment. In such circumstances, the BER Assessor shall return any fee received in respect of that proposed BER assessment.
Any exemption must be requested from the Building Control Officer or Local Authority.
All new and existing buildings, as identified in Irish Regulations S.I. No. 243/2012 - European Union (Energy Performance of Buildings) Regulations 2012, for sale or rent require a BER. Additionally, new buildings require a BER before they are first occupied, even if not being sold or rented.
An existing dwelling is a dwelling which has previously been sold and/or occupied. Dwellings which have not previously been sold or occupied are to be specified as new dwellings in DEAP.
New dwellings being sold off plans and specifications, prior to construction, require a provisional BER. On completion, the new dwelling will require a “new-final” BER. BERs are required in some non-statutory cases also, for example, as per the SEAI Home Energy Grants programme. In all cases, published BERs must adhere to the DEAP Methodology and the guidance detailed in this document.
In some cases, it may not always be clear to a BER Assessor or their client if a BER is required for a dwelling. Under the regulations, the Building Control Authority (BCA) are responsible for ensuring that the BER requirement it met and the BER is provided by building owners to prospective buyers and tenants. As the BCA is responsible for enforcing the BER requirements in the market place, the BCA should be consulted when in doubt about the need for a BER for a building.
The S.I. No. 243/2012 - European Union (Energy Performance of Buildings) Regulations 2012 regulation provides details on buildings for which a BER Certificate must be provided. While some buildings are exempt from the BER requirements (as detailed in S.I. 243), the owners of these buildings may choose to obtain a BER for the building on a voluntary basis. For example, a homeowner may choose to obtain a BER for an existing dwelling which is not for sale or rent.
S.I. 243 exempts several building types from the BER requirement including buildings which are “a standalone building with a total useful floor area of less than 50m2”. In other words, a detached dwelling with “useful floor area” of less than 50m2 does not require a BER by S.I 243.
In this context, “useful floor area” is space within the dwelling which can be occupied and serves a purpose within the dwelling. Areas which should be considered as potential “useful floor area” in the context of SI 243 include: