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06 Sept 2025

Energising the developers

DE FACTO Why do we Irish accept a Government that makes us out to be a nation of backward people?
Energising the developers

Laimy McNallyLiamy McNally

Why do we Irish accept a Government that makes us out to be a nation of backward people? This current Government is refusing to implement in full an EU Directive on Energy that would have an immediate positive impact on the environment. What signal is that sending out to the other countries of Europe? The only people to benefit from the Government’s appalling decision are the building developers. Those who have already been granted planning permission for major housing developments do not have to produce certificates for another two years. This is another major sop to developers in this country. It is at the expense of regular Mr and Ms who will buy these houses but when they have to sell them on they will be forced to pay for an energy certificate.

BACKGROUND
When the Kyoto Agreement was ratified by Russia in 2004, it became legally binding on all participating countries. Its aim is to reduce emissions of six main greenhouse gases to around 1990 levels by 2012. The Kyoto protocol has an assessment date of 2008-2012 to show progress. EU targets are likely to be met, but not so in Ireland. Currently, the country is about 35% over 1990 levels. We agreed, as a country, to be no higher than 12% of 1990 levels.
Countries can also ‘trade’ in emissions to ensure that, overall, targets are met. Government leaders have a huge responsibility to ensure that this environmental law is supported and enacted.  
The most significant greenhouse gas is CO2. According to EU figures, 20% of current energy could be saved by 2010 if stricter standards were applied to energy efficiency in buildings. Almost 50% of energy use in the EU is consumed by ‘buildings’ – light, heat, coolers, air conditioning, etc. Europe then set about establishing a ‘Building Passport’. The introduction of the EU Directive on the Energy Performance of Buildings is part of this plan, as is the Emissions Trading Directive.
In 2000, the European Commission’s Action Plan on Energy Efficiency highlighted the need for action in the building sector. In May 2001, the Commission published the proposed Directive on the Energy Performance of Buildings. The agreed text was signed by the European Parliament and Council in November 2002. It was published in the EU Official Journal on January 4, 2003. The Directive is now European law. It must be implemented by member states since from January 4, 2006. 

THE DIRECTIVE
Put simply the Directive will require that all buildings have an energy rating.  All white goods – fridges, washing machines, etc – already require an energy rating. They are graded from A to G, the most efficient being A. Buildings will also require one. It will be based on how they are built and what materials were used. Tests can be carried out on older buildings. There are some exemptions – historic, heritage and buildings used for religious purposes. An energy certificate will be valid for ten years. A cert must be available to any buyer or tenant by the owner. The EU reference number for this Directive is 2002/91/EC.

IRISH SOLUTION
The difficulty is that this Government is not implementing all aspects of the Directive. It requested a derogation until 2009. In effect it means that planning permissions granted up to the end of 2006 are exempt from the requirement to produce an Energy Certificate. The property tycoons can relax for another two years. Unfortunately for the environment, in one corporate loving swoop, this Government has reneged on the requirements of the Directive, which would have benefited everyone and the environment. This is the Government that has shouted from the rooftops all it is doing for the environment and yet its record and that of its local authorities is abysmal. From this bending low before the property boys to the well-documented inefficiencies of Mayo County Council in its refuse collections, the environmental record of this Government and its servants is not above reproach.          
Now, rather than implement a piece of legislation that would be positive for everybody the Government’s bell has been rung again by the deep pockets of the building developers who have managed to delay things. If it were not so serious it would border on the hilarious. The wink-wink, nod-nod style of Irish biscuit tin politics. The ‘Ah shure we’ll look after ye lads’ line.
At an annual rate of about 80,000 new houses per annum, it means that at least 160,000 new houses are condemned to be built outside the protection of the Energy Performance Directive. It also means that the national stock of houses will have more less energy efficient houses and all because the Government did not have the will or the guts to stand up to the building lobby. And in failing to do so, it has also condemned thousands of people to fork out their own money for energy improvements if they wish to sell their homes. 
What this Directive will do is also add value to energy efficient homes. Homes with a good energy rating will be easier to sell. Any building with a good energy rating will be more popular. Which company wants to operate out of buildings that have low energy efficiency certificates? It is amazing to think that the largest investment most people are liable to make has no ‘passport’.
A few years ago, Mr Patrick Stephens, Chair of the Association of Energy Professionals of Ireland, writing for Construct Ireland, stated: “Consider that in Ireland 800,000 houses were built before the introduction of the Building Regulations in 1980. The energy consumption in these buildings varies greatly from 200 to 800 kWh/m2/year. Most houses built today (that comply with the regulations) will consume less than 90 kWh/m2/year.” The new Directive is an attempt to better the energy performance to benefit everyone.  Unfortunately, the Fianna Fáilers and their PD lap dogs begged to differ.            
It is time, along with George Herbert, to strike the board and cry ‘No more will I abroad…’.

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