Information from SEAI
New dwellings: The regulations apply to new dwellings for which planning permission was applied for on or after 1st January 2007. All new homes (even when not for sale) must have a BER certificate before they are occupied as detailed under S.I. 666 under http://www.environ.ie/en/Legislation/DevelopmentandHousing/BuildingStandards/
A new dwelling (i.e. a dwelling that has never been sold or occupied) is exempt from the BER requirement if it had been the subject of a planning application submitted on or before 31 December 2006 and if it was substantially completed by 30 June 2008. “Substantially completed” means that the external walls have been erected.
BER assessments performed on new dwellings will also help determine compliance to Part L of the Building Regulations.
New Non-Domestic Buildings: The regulations apply to new non-domestic buildings for which planning permission was applied for on or after 1st July 2008. Transitional BER exemptions will apply to new non-domestic buildings for which planning permission is applied on or before 30th June 2008 provided the new non-domestic buildings involved are substantially completed by 30th June 2010.
Existing Buildings: (dwellings and other buildings) when offered for sale or letting on or after 1st January 2009. An existing dwelling is a dwelling which has previously been sold and/or occupied.
Large Public Service Buildings: A public body shall, in relation to a large building occupied by it on or after 1 January 2009, secure and display a BER certificate in a prominent place clearly visible to the public.