S.I. No. 168/2026 - European Union (Energy Performance of Buildings) Regulations 2026
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 24th April, 2026. | ||
I, James Browne, Minister for Housing, Local Government and Heritage, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) for the purpose of giving full effect to the provisions of Article 11(1) to (3), (5) and (7), and the first subparagraph of Article 19(2) of, and Annex V to, Directive (EU) 2024/1275 of the European Parliament and of the Council of 24 April 20241 , hereby make the following regulations: | ||
PART 1 | ||
PRELIMINARY AND GENERAL | ||
Citation, construction and commencement | ||
1. (1) These Regulations may be cited as the European Union (Energy Performance of Buildings) Regulations 2026. | ||
(2) The Principal Regulations and these Regulations may be cited together as the Energy Performance of Buildings Regulations 2012 to 2026 and shall be construed together as one. | ||
(3) These Regulations shall come into operation on 24th day of May 2026. | ||
Definition | ||
2. In these Regulations— | ||
“BER certificate” has the meaning given to it in Regulation 3(1) of the Principal Regulations; | ||
“BER record” has the meaning given to it in Regulation 3(1) of the Principal Regulations; | ||
“Principal Regulations” means the European Union (Energy Performance of Buildings) Regulations 2012 ( S.I. No. 243 of 2012 ). | ||
PART 2 | ||
ZERO-EMISSION BUILDINGS | ||
Amendment of Regulation 3 of Principal Regulations | ||
3. Regulation 3(1) of the Principal Regulations is amended— | ||
(a) by the insertion of the following definition: | ||
“ ‘zero-emission building’ means a building with a very high energy performance, as determined in accordance with Annex I to the Directive, requiring zero or a very low amount of energy, producing zero on-site carbon emissions from fossil fuels and producing zero or a very low amount of operational greenhouse gas emissions, in accordance with Part 4A;”, and | ||
(b) by the substitution of the following definition for the definition of “Directive”: | ||
“ ‘Directive’ means Directive (EU) 2024/1275 of the European Parliament and of the Council of 24 April 20241 on the energy performance of buildings (recast);”. | ||
Insertion of Part 4A into Principal Regulations | ||
4. The Principal Regulations are amended by the insertion of the following Part after Part 4: | ||
“Part 4A | ||
ZERO-EMISSION BUILDINGS | ||
Maximum threshold | ||
28A (1) Subject to paragraph (3) and Regulation 28B, the maximum threshold for the energy demand of a zero-emission building shall be set with a view to achieving not less than the cost-optimal levels established in the most recent cost-optimal report prepared by the State pursuant to Article 6 of the Directive. | ||
(2) The maximum threshold mentioned in paragraph (1) shall be revised following any revision of the cost-optimal levels for the State. | ||
(3) The maximum threshold for the energy demand of a zero-emission building shall be not less than 10 per cent lower than the threshold for total primary energy use established for nearly zero-energy buildings on 28 May 2024. | ||
Different maximum threshold | ||
28B. Subject to compliance with the respective provisions on cost-optimality, a different maximum threshold may be set for the energy demand of a zero-emission building where the building is one which has been, or is being, renovated. | ||
Operational greenhouse gas emissions | ||
28C (1) The operational greenhouse gas emissions of a zero-emission building shall comply with the maximum threshold established in the national building renovation plan. | ||
(2) The maximum threshold referred to in paragraph (1) may be set at different levels for new and renovated buildings. | ||
Capacity to react | ||
28D. A zero-emission building shall, where economically and technically feasible, offer the capacity to react to external signals and adapt its energy use, generation or storage. | ||
Total annual primary energy use | ||
28E. The total annual primary energy use of a new or renovated zero-emission building, whether delivered through the electricity grid or otherwise, shall be covered by criteria established by the State.”. | ||
PART 3 | ||
CONSEQUENTIAL AMENDMENTS TO PRINCIPAL REGULATIONS | ||
Amendment of Regulation 33 of Principal Regulations | ||
5. Regulation 33 of the Principal Regulations is amended— | ||
(a) in paragraph (1), by the substitution of “Regulation 3(1) of the European Union (Energy Performance of Buildings) Regulations 2022 ( S.I. No. 376 of 2022 ).” for “Article 14(4) of the Directive.”, and | ||
(b) in paragraph (2), by the substitution of “Regulation 4(1) of the European Union (Energy Performance of Buildings) Regulations 2022 ( S.I. No. 376 of 2022 ).” for “Article 15(4).”. | ||
PART 4 | ||
AMENDMENT OF SCHEDULES TO PRINCIPAL REGULATIONS | ||
Amendment of Schedule 1 to Principal Regulations | ||
6. The Principal Regulations are amended by the substitution of the schedule set out in Schedule 1 to these Regulations for the schedule in Schedule 1 to the Principal Regulations. | ||
Amendment of Schedule 2 to Principal Regulations | ||
7. The Principal Regulations are amended by the substitution of the schedule set out in Schedule 2 to these Regulations for the schedule in Schedule 2 to the Principal Regulations. | ||
PART 5 | ||
FINAL PROVISION | ||
Transitional provision | ||
8. A— | ||
(a) BER certificate generated or issued, or | ||
(b) BER record created, | ||
on a date before the date of the coming into operation of these Regulations shall continue to be valid after that second-mentioned date notwithstanding the coming into operation of these Regulations. | ||
SCHEDULE 1 | ||
Regulation 6 | ||
“SCHEDULE 1 | ||
FORM OF BUILDING ENERGY RATING (BER) FOR DWELLING | ||
| ||
| ||
| ||
”. | ||
SCHEDULE 2 | ||
Regulation 7 | ||
“SCHEDULE 2 | ||
FORM OF PROVISIONAL BUILDING ENERGY RATING (BER) FOR NEW DWELLING | ||
| ||
| ||
| ||
”. | ||
| ||
GIVEN under my Official Seal, | ||
21 April, 2026. | ||
JAMES BROWNE, | ||
Minister for Housing, Local Government and Heritage. | ||
EXPLANATORY NOTE | ||
(This note is not part of the instrument and does not purport to be a legal interpretation.) | ||
These Regulations transpose Article 11(1) to (3), (5) and (7) and the first subparagraph of Article 19(2) of Directive 2024/1275 of the European Parliament and of the Council of the 24 April 2024 on the energy performance of buildings (recast) into Irish law. The Regulations provide that from the 24 May 2026, a new category of building energy rating (A0) corresponding to zero emissions buildings shall be introduced. The existing alpha numerical system from A1 to G will be simplified to use only letters and the previous subdivisions shall no longer apply. Additional metrics relating to energy usage, global warming potential and greenhouse gases will be reported on the new BER certificates issued. | ||
