air conditioning systems inspections
Don’t be left out in the cold
13 January 2011
Building owners and managers who control air conditioning
systems have statutory obligations and a duty of care in the
operation and maintenance of air conditioning systems. This
obligation can be passed on to tenants under the terms of their
lease so, whether you own or occupy a building, these regulations
could affect you and you could be bound by them – don’t be caught
out.
The obligation was brought in by the Energy Performance of
Buildings (Certificates and Inspections) (England and Wales)
Regulations 2007. The regulations set out that all air conditioning
systems with an effective rated output of more than
250kW should have been inspected by 4 January 2010 and all
systems with an effective rated output of more than 12kW
must have been inspected by 4 January 2011.
Air conditioning systems must also be regularly inspected by an
Energy Assessor. For all systems first put into service on, or
after, the 1 January 2008, the first inspection must have taken
place within five years of the date when it was first put into
service.
The Local Weights and Measures Authorities are the enforcement
authority responsible for ensuring that owners of air conditioning
systems with an effective rated output of over 12kW are in
possession of an inspection report in line with the dates above.
They have the powers to require the production of inspection
of air conditioning inspection reports and may serve penalty
notices for failure to comply. The penalty for failing to have an
air conditioning inspection, or retain or pass on the inspection
report, is £300.
The Department for Communities and Local Government has now
published guidance on the duty to have air conditioning systems
inspected, aimed at anyone who manages or controls an air
conditioning plant and includes information on:
- what an air conditioning inspection covers
- obtaining an air conditioning inspection
- applying the regulations in practice, including determining the
size of an air conditioning system
So, whilst the fine might not be a large one, whether you own or
occupy an existing building or you are about to, check that you or
the seller is compliant and avoid the heat.
The content of this bulletin is provided for the purposes of
general interest and information. It contains only brief summaries
of aspects of the subject matter and does not provide comprehensive
statements of the law. It does not constitute legal advice and does
not provide a substitute for it.