Most properties in Ireland need a BER certificate when being sold, rented, or newly built. However, there are specific exemptions set out in law. Here's a clear breakdown of which properties are exempt, and which are not.
Properties Exempt From BER Requirements
Under S.I. No. 666 of 2006 and subsequent amendments, the following building types do not require a BER certificate:
Protected structures, buildings that are listed on a local authority's Record of Protected Structures, where compliance with energy requirements would unacceptably alter their character or appearance. This exemption is narrower than many people think, the building must be formally protected, not just old or characterful.
Stand-alone buildings under 50m², small outbuildings, sheds, and detached structures with a total useful floor area of less than 50 square metres that are not used as dwellings.
Temporary buildings, structures with a planned time of use of two years or less.
Places of worship, churches, chapels, mosques and other buildings used principally as places of worship.
Industrial and agricultural buildings, non-residential buildings used for manufacturing, industrial, or agricultural purposes where the building has low energy demand (installed heating capacity less than 10W/m²).
Common Misconceptions About BER Exemptions
"My house is old so it's exempt". No. Age alone does not create an exemption. Only buildings formally listed as protected structures qualify. A Victorian house, a Georgian townhouse, or a thatched cottage all need a BER unless they are on the Record of Protected Structures.
"I'm only renting a room, not the whole house". The rent-a-room scheme is exempt from BER requirements if you're renting a room in your own home while you continue to live there. However, if you're renting the entire property, a BER is required.
"The property isn't habitable / needs major renovation". Properties in poor condition still require a BER if they're being sold or rented, unless they meet one of the specific exemptions above. A derelict property being sold as-is still needs a BER certificate.
"I already have an old BER". If your BER is more than 10 years old, it has expired. You'll need a new assessment. Check your cert's status on the SEAI register. If your property does need a BER, see our guides for selling your home and landlord requirements.
Not Sure If You Need a BER?
If you're unsure whether your property qualifies for an exemption, it's worth getting clarification before advertising. The penalties for failing to provide a BER when legally required are fines of up to €5,000. If your query relates to a commercial or non-domestic building (office, shop, warehouse, etc.), the BER requirements are different, visit CommercialBER.ie for non-domestic BER information. For residential queries, we're happy to advise, call Justin on 087 777 4155 and we'll let you know where you stand.