BER Assessor's Code of Practice
The primary objective of the BER Assessor’s Code of Practice is to ensure that BER Assessors have a clear understanding of, and a formal commitment to meet, their obligation to deliver a high quality BER assessment service in the marketplace. Important terms used throughout this Code of Practice are defined in the EPBD Regulations. These regulations are the national legislation giving effect to the Buildings Directive of the European Parliament and Council.
The BER Assessor's Code of Practice details the roles and responsibilities of BER Assessors and SEAI and provides for a comprehensive BER assessment system to ensure the delivery of a technically proficient and timely service to end users ensuring high standards of professional conduct. Delivery by BER Assessors of a high quality service in an independent manner is essential to the reputation and reliability of the scheme.
The policy on independence is articulated in clause 6 of the Code of Practice. BER Assessors are required to act in an independent manner at all times when discharging their obligations under the Regulations.
SEAI's Reserved Rights and Powers
SEAI may act any time, with or without cause, investigate whether any BER Assessor has acted independently and in compliance with this Section 6. Upon becoming aware of any lack of independence and or non-compliance with this Section 6, SEAI may revoke a BER record or part thereof and shall notify the BER Assessor of its decision. The BER Assessor shall be liable for all losses and liabilities which arise as a result of any such revocation.
In circumstances where a BER Assessor conducted an assessment of a building in a manner which appeared, at the time of the assessment, to be in compliance with the terms of the Code, SEAI may at any time revoke the Assessor's BER record or part thereof in circumstances where the BER Assessor subsequently acquired any material financial interest in that building or in its sale or letting and where, as a result of such, SEAI considers the BER Assessor to have lacked independence in carrying out the original assessment.
Where a public body offers for sale or letting a building which is required to comply with the Regulations, a BER Assessor who is an employee of this public body or an employee of another public body shall be entitled to conduct a BER assessment pursuant to the Regulations on the building in question without a breach of this Section 6 or the Regulations taking place.
