09 02 2022 Insights Real Estate

Legal Considerations for Parties Undertaking Retrofitting Projects

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On 8 February 2022, the Government announced a new National Home Energy Upgrade Scheme (the “Scheme”) which will provide increased grant levels of up to 50% of the cost of a typical deep retrofit to a B2 BER standard. The Scheme is in line with the National Retrofit Programme which has already seen the deep retrofit of a number of properties across Ireland. Among others, homes owned by Approved Housing Bodies are eligible for the Scheme.

Parties taking part in the Scheme (or retrofitting generally) should be aware that the Building Regulations 1997 to 2020 and Planning Regulations may apply to retrofit works depending on the scope and nature of the works. Once the scope of the works has been determined an assessment should be made by the relevant parties to identify if the Building Regulations or Planning Regulations apply.

Works carried out under the Scheme may impact on title to the property and parties will need to ensure that appropriate steps are taken to obtain certification in respect of any such works. It will be necessary also to ensure that such certification and updated BER documentation are placed with the title documents. Other considerations may also arise once the scope of the works has been determined, such as the need for professional indemnity insurance to be maintained by the consultants or contractors designing or carrying out the retrofitting works.

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