Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 26th July, 2022.

I, EAMON RYAN, Minister for the Environment, Climate and Communications, in exercise of the functions conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving full effect to Articles 14 and 15 of Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 , as amended by Directive (EU) 2018/844 of the European Parliament and of the Council of 30 May 2018 , hereby make the following regulations:

Citation and construction

1. These Regulations may be cited as the European Union (Energy Performance of Buildings) Regulations 2022.

Definitions

2. (1) In these Regulations –

“Directive” means Directive 2010/31/EU of the European Parliament and of the Council of 19 May 20101 on the energy performance of buildings, as amended by Directive (EU) 2018/844 of the European Parliament and of the Council of 30 May 20182 amending Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency;

“SEAI” means the Sustainable Energy Authority of Ireland.

(2) A word or expression used in these Regulations and which is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in that Directive.

Advice on heating systems

3. (1) The SEAI shall provide advice to users concerning the replacement of heat generators, other modifications to the heating system or to the system for combined space heating and ventilation and alternative solutions to assess the efficiency and appropriate size of those systems.

(2) Prior to the application of the alternative measures mentioned in paragraph (1), the SEAI shall document the equivalence of the impact of those measures to the impact of the alternative measures mentioned in Regulation 6.

Advice on air-conditioning systems

4. (1) The SEAI shall provide advice to users concerning the replacement of air-conditioning systems or systems for combined air-conditioning and ventilation, other modifications to the air-conditioning system or system for combined air-conditioning and ventilation and alternative solutions to assess the efficiency and appropriate size of those systems.

(2) Prior to the application of the alternative measures mentioned in paragraph (1), the SEAI shall document the equivalence of the impact those measures to the impact of the alternative measures mentioned in Regulation 7.

Documentation on equivalence

5. (1) The documentation prepared by the SEAI under paragraph (2) of Regulation 3 or 4 shall –

(a) be provided to the Minister, in accordance with the applicable planning and reporting obligations, for submission to the European Commission prior to the application of the alternative measures mentioned in paragraph (1) of Regulations 3 and 4, and

(b) have had regard to the equivalent measures and exemptions contained in Article 14 or 15, as the case may be, of the Directive.

Impact of advice: heating systems

6. (1) The overall impact of the advice provided by the SEAI under Regulation 3 shall seek to achieve the equivalent effect of regular inspections of the accessible parts of heating systems or of systems for combined space heating and ventilation, with an effective rated output of over 70 kW, such as the heat generator, control system and circulation pump(s) used for heating buildings were to be established.

(2) The inspections, referred to in paragraph (1), would include an assessment of the efficiency and sizing of the heat generator compared with the heating requirements of the building and, where relevant, consider the capabilities of the heating system or of the system for combined space heating and ventilation to optimise its performance under typical or average operating conditions.

Impact of advice: air-conditioning systems

7. (1) The overall impact of the advice provided by the SEAI under Regulation 4 shall seek to achieve the effect equivalent of regular inspections of the accessible parts of air-conditioning systems or of systems for combined air-conditioning and ventilation, with an effective rated output of over 70 kW.

(2) The inspections, referred to in paragraph (1), would include an assessment of the efficiency and sizing of the air-conditioning system compared with the cooling requirements of the building and, where relevant, consider the capabilities of the air conditioning system or of the system for combined air-conditioning and ventilation to optimise its performance under typical or average operating conditions.

GIVEN under my Official Seal,

18 July, 2022.

EAMON RYAN,

Minister for the Environment,

Climate and Communications.