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The European Union (Energy Performance of Buildings) Regulations 2012, contained in SI 243 of 2012, came into operation on 9 January 2013. The SI revokes earlier regulations contained in SI 666 of 2006, SI 229 of 2008 and SI 591 of 2008.

Part 3 of the new regulations set out the requirements in relation to the production of BER certificates.

Section 10 deals with the issue of BER certificates for dwellings. Section 11 deals with the issue of BER certificates for buildings other than dwellings.

Section 12 sets out new requirements for 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.”
• 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 12(4) provides that the issuing authority may publish guidance on how the energy performance indicator may be displayed in an advertisement and on the format it may take.
• Section 15(1) provides that a person who contravenes any provision of part 3 of the regulations is guilty of an offence.

Section 32 provides, among other things, 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’ means any person who acts for, or represents, a person who:

• Commissions the construction of a new building,
• Offers a building for sale, or
• Offers a building for letting.

An agent shall include, in particular but by no means exhaustively, estate agents, sales agents, letting agents and solicitors. Therefore, a vendor or vendor’s agent should ensure that BER information is inserted into any advertisement relating to a property for sale or rent, which will include catalogues, brochures, websites, and so on.