The new regulations that came into force from 1 January 2007 mean tha all newly constructed dwelling for which planning permission was applied for on or after January 1st, 2007 – must have an Energy Rating cert.

It is unlikely that properties that only had planning applications in January would be ready to be sold yet – but if you are buying  “off plan” -  a provisional BER certificate must be produced by the builder or .
When the new dwelling is completed, a full BER certificate must be supplied to the buyer, based on the plans of the dwelling as constructed (to take account of any design changes during construction. A Provisional BER certificate lapses on completion of the dwelling or after 24 months, whichever is the sooner.

If you hire a builder to build a house on your own site – then it is your job to organise the  BER certificate  prior to taking up occupation of the dwelling.

Who will check up on these BER certificates ?

If you fail to get  a BER cert -  you will be liable, on conviction in the District Court, to a maximum fine of €5,000.
Failure to secure a BER certificate at the proper time could hinder or delay the legal completion of a sale or letting or a future disposal of the relevant dwelling