S.I. No. 195/2026 - European Union (Energy Performance of Buildings) (No. 2) Regulations 2026

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 12th May, 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 effect to the provisions 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, collective citation and commencement

1. (1) These Regulations may be cited as the European Union (Energy Performance of Buildings) (No. 2) Regulations 2026.

(2) These Regulations shall be included in the collective citation Energy Performance of Buildings Regulations 2012 to 2026.

(3) These Regulations shall come into operation on 24^th day of May 2026.

Definitions

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

ISSUE OF BER CERTIFICATES FOR BUILDINGS OTHER THAN DWELLINGS

Amendment of Regulation 3 of Principal Regulations

3. Regulation 3(1) of the Principal Regulations is amended by the insertion of the following definition:

“ ‘ZEB Renovate’ means a renovated 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;”.

Amendment of Regulation 11 of Principal Regulations

4. Regulation 11 of the Principal Regulations is amended by the insertion of the following paragraphs after paragraph (4):

“(5) The building energy rating classes for the building types specified in column (1) of Schedule 6 shall be—

(a) less than or equal to the number set out in columns (2) to (8), or

(b) greater than the number set out in column (9),

as the case may be, opposite that entry in column (1).

(6) The building energy rating threshold for ZEB Renovate for the building types specified in column (1) of Schedule 6 shall be not greater than the number set out in column (10) opposite that entry in column (1).”.

PART 3

AMENDMENT OF SCHEDULES TO PRINCIPAL REGULATIONS

Amendment of Schedule 3 to Principal Regulations

5. The Principal Regulations are amended by the substitution of the schedule set out in Schedule 1 to these Regulations for the schedule in Schedule 3 to the Principal Regulations.

Amendment of Schedule 4 to Principal Regulations

6. The Principal Regulations are amended by the substitution of the schedule set out in Schedule 2 to these Regulations for the schedule in Schedule 4 to the Principal Regulations.

Insertion of Schedule 6 to Principal Regulations

7. The Principal Regulations are amended by the insertion, after Schedule 5, of the schedule set out in the Schedule 3 to these Regulations.

PART 4

FINAL PROVISION

Transitional provision

8. In respect of a building other than a dwelling, 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 5

“SCHEDULE 3

Regulation 11(1), (2) & (3)

FORM OF BUILDING ENERGY RATING (BER) FOR A BUILDING OTHER THAN A DWELLING

”.

SCHEDULE 2

Regulation 6

“SCHEDULE 4

Regulation 11(1) & (3)

FORM OF PROVISIONAL BUILDING ENERGY RATING (BER) FOR NEW BUILDING OTHER THAN A DWELLING

”.

”.

SCHEDULE 3

Regulation 7

“SCHEDULE 6

Regulation 11(5) & (6)

TOTAL PRIMARY ENERGY THRESHOLDS (kWh/(m².y)) FOR BUIDING ENERGY RATING CLASSES FOR BUILDINGS OTHER THAN DWELLINGS

”.

GIVEN under my Official Seal,

7 May, 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 19(2) of Directive 2024/1275 of the European Parliament and of the Council of the 24 April 2024 into the law of the State. The Regulations provide that on, and from, 24 May 2026, a new category of building energy rating (A0) corresponding to zero emissions buildings shall be introduced for buildings other than dwellings. The existing alpha numerical system from A1 to G will be simplified to use only letters and the previous subdivisions shall no longer apply. A ‘ZEB Renovate’ indicator is being introduced for renovated buildings. Additional metrics relating to energy usage, global warming potential and greenhouse gases will be reported on the new BER certificates issued.

1 OJ No. L 2024/1275, 08.05.2024.