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Incorrect BER advertised by builder, where to complain?

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  • 25-10-2018 10:46pm
    #1
    gt12
    Registered Users Posts: 32 ✭


    Hi,


    https://ndber.seai.ie/pass/ber/search.aspx

    Builder advertised A2 rating for the newly build houses but homeowners found actual ratings as A3, where can homeowners complain? Can't find any such procedure at SEAI website, so looking for both - any legal as well easy ways?

    thanks in advance!


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    #2
    sydthebeat
    Subscribers Posts: 41,229 ✭✭✭✭sydthebeat


    were they advertised as A2 before they were built (ie being bought off the plans) and then assessed as A3 after they were built?


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    #3
    gt12
    Registered Users Posts: 32 ✭gt12


    bought off the plan, so advertised before they were built. Correct, then were assessed as A3 after build.


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    #4
    sydthebeat
    Subscribers Posts: 41,229 ✭✭✭✭sydthebeat


    gt12 wrote: »
    bought off the plan, so advertised before they were built. Correct, then were assessed as A3 after build.


    there could possibly be a breach of contract then, so id suggest contacting your solicitor.


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    #5
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,647 Mod ✭✭✭✭Gumbo


    SEAI cannot do anything as they have a BER.
    Building Control will not do anything as they have complied with the relevant regulatsions to achieve the A3.

    This is an advertisement problem and a breach of agreed contract. You’ll have to go legal and start a civil case in my opinion.


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    #6
    caesarthechimp
    Closed Accounts Posts: 204 ✭✭caesarthechimp


    First off I would go the the builder and see what they would be willing to offer by way of concessions/extra work/cash settlement which would make it up to you. Make sure you keep mentioning the words "breach of contract".


    You might get something without going down an expensive legal road.


    I'd imagine the remedy would involve looking at the cheapest possible way of getting your A3 rating up to a minimal A2, which means getting it to 50kWh/sqm or less. This could be some freebie given to you, equivalent to the price of a few solar PV panels.
    And when I say "I'd imagine" I mean I know that's what happened in another similar case.


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    #7
    gt12
    Registered Users Posts: 32 ✭gt12


    caesarthechimp wrote: »
    First off I would go the the builder and see what they would be willing to offer by way of concessions/extra work/cash settlement which would make it up to you. Make sure you keep mentioning the words "breach of contract".


    You might get something without going down an expensive legal road.


    I'd imagine the remedy would involve looking at the cheapest possible way of getting your A3 rating up to a minimal A2, which means getting it to 50kWh/sqm or less. This could be some freebie given to you, equivalent to the price of a few solar PV panels.
    And when I say "I'd imagine" I mean I know that's what happened in another similar case.

    Thank you for economical ideas!


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    #8
    Gumbo
    Moderators, Society & Culture Moderators Posts: 38,647 Mod ✭✭✭✭Gumbo


    caesarthechimp wrote: »
    First off I would go the the builder and see what they would be willing to offer by way of concessions/extra work/cash settlement which would make it up to you. Make sure you keep mentioning the words "breach of contract".


    You might get something without going down an expensive legal road.


    I'd imagine the remedy would involve looking at the cheapest possible way of getting your A3 rating up to a minimal A2, which means getting it to 50kWh/sqm or less. This could be some freebie given to you, equivalent to the price of a few solar PV panels.
    And when I say "I'd imagine" I mean I know that's what happened in another similar case.

    A3 to A2 is a big jump. And may require a lot more work. Particularly to the fabric of the building.
    gt12 wrote: »
    Thank you for economical ideas!

    Hold your thanks until after they have been costed. It’s not just as simple as upping your 1kw solar PV array to a 3kw PV array and thinking your BER moves up with it.


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    #9
    Metric Tensor
    Registered Users Posts: 3,724 ✭✭✭Metric Tensor


    I think in this case kc ... the OP might welcome a "high cost" of upgrading from A3 to A2 as I would expect he/she may be seeking a discount of this amount from the purchase price! (Rather than asking the builder to carry out said work.)


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    #10
    sydthebeat
    Subscribers Posts: 41,229 ✭✭✭✭sydthebeat


    The fine print in any contract will have to be read very carefully.....


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    #11
    Victor
    Registered Users Posts: 78,313 ✭✭✭✭Victor


    gt12 wrote: »
    Builder advertised A2 rating
    Irrelevant. What does the contract say?


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    #12
    dusteeroads
    Registered Users Posts: 79 ✭✭dusteeroads


    Victor wrote: »
    Irrelevant. What does the contract say?

    But deceitful - don't you think ?


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    #13
    Victor
    Registered Users Posts: 78,313 ✭✭✭✭Victor


    dusteeroads wrote: »
    But deceitful - don't you think ?
    Perhaps. However, the law is quite clear on such contracts.


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    #14
    caesarthechimp
    Closed Accounts Posts: 204 ✭✭caesarthechimp


    kceire wrote: »
    A3 to A2 is a big jump. And may require a lot more work. Particularly to the fabric of the building.
    It might be, or it might not. It could be only be 1kWhr/sqm (or less), but we don't know as we have not been told where exactly in the A3 band the final BER ended up.


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    #15
    gt12
    Registered Users Posts: 32 ✭gt12


    Victor wrote: »
    Irrelevant. What does the contract say?

    good point, I will check the contract.


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