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Air Conditioning Inspection - Fines & Enforcement

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Faq's - Frequently Asked Questions about Air Conditioning Inspection procedures and techniques. See What Systems Require Inspection as part of the EPC for commercial property. This section explains the enforcement procedures and for non-compliance with the EPBD directive your business/company may be liable to a fine for failure to comply with the law.

All air conditioning energy assessors must be accredited by an approved institution by CLG. You are advised to heck that an energy assessor is a member of an accreditation scheme, you can ask your energy assessor which accreditation scheme they are a member of (and their accreditation membership number). The respective accreditation scheme can confirm that your inspector is accredited to practice as an air conditioning energy assessor.

Currently the approved accreditation schemes for air conditioning inspections are run by the following companies/institutions:

  • Chartered Institution of Building Services Engineers (CIBSE)

  • Royal Institution of Chartered Surveyors (RICS)

  • ECMK Ltd

  • EPC Ltd

  • Quidos

  • HIC Ltd

  • NAPIT

  • BESCA

If you have a complaint about the availability or quality of an air conditioning inspection at your premises about an energy inspector or energy assessment, the following actions may be taken:

  • Failure to have an air-conditioning inspection report. For complaints regarding the availability of an air-conditioning inspection report, contact the building occupier or an authorised officer of the local Weights and Measures Authority, usually the person in your local  authority also known as a  Trading Standards Officer. Trading Standards Officers have certain powers and are authorised officers to act on your complaint.

  • If you think that their may be a discrepancy in the quality or accuracy of an air conditioning inspection report and its associated recommendations, you can contact the accreditation company or institution of the energy inspector who produced the inspection report. These details are published on the energy assessment report It should be noted that, in the first instance you should contact the assessor to discuss the nature of your complaint regarding  the energy assessment. If the issue cannot be resolved, you should contact the accreditation body of the energy assessor who produced the inspection report.

Fraudulent Reports

In some cases if you think that your air conditioning inspection report is subject to fraud, then the it should be referred to the police authority in your area.

Fines & Penalties

Your Local Authority (Council) Trading Standards Officers are responsible for enforcing the requirements relating to air conditioning inspection assessments and their associated reports.

In the instance of, "failure to commission, keep, or provide an air-conditioning inspection report when required by the Regulations means you may be issued with a penalty charge notice. Trading Standards Officers may act on complaints or undertake investigations. They may request you to provide them with a copy of your air-conditioning inspection report. If asked, you must provide this information within seven days of the request or be liable to a penalty charge notice for failing to do so. A copy of an air-conditioning inspection report can be requested by an enforcement officer at any time up to six months after the last day for compliance with the obligation to make it available. The penalty for failing to having an air-conditioning inspection report is fixed at present at £300."

Penalty Charge Notice - Company or Business Owner Appeal

The DCLG (Dept for Communities & Local Government) states that "If you are issued with a penalty charge notice and you believe it should not have been issued you can request a review. If you are not satisfied with the outcome of the review you may appeal to the county court within 28 days after you are given notice confirming the penalty charge notice from the local authority.

If you want to sell or let a building with an air-conditioning system which
should have been inspected, then it is very likely that the legal advisors to
the potential tenant or buyer will require sight of the report during the legal
processes prior to exchange of contracts. Failure to have a report where one
is required may have a negative impact on the transaction process."

Considering the above penalties it may be more prudent to commission a survey of your air conditioning system than run the risk of being fined.

Find an Assessor (Inspector)

Companies, Contactors and Surveyors of Air-Con Systems for energy assessment purposes as part of an EPC certificate can be located in our Directory, in many cases you can locate a suitably qualified assessor near to your local area. If you are in doubt as to whether an inspection is required as part of the legislation seek professional advice. You may be subject to a penalty or a fine for non-compliance with the regulations.


Building Management Systems

Did You Know? - Climate Control Systems could make your Heating and Ventilating system run more efficiently, saving your business money.

Air Conditioning Service and Repair

Refer also to Air Conditioning for further details regarding Refrigeration, cooling, design, engineers, service, installation, maintenance, repairs, inspection, installers, Refrigeration and Cooling, Variable Refrigerant Volume/Flow Systems VRV VRF, Heat Recovery, Ducted Systems, Climate Control Systems, upgrades of New and Existing Air Conditioning HVAC Heating Ventilation plant (AHU) Air Handling Units and controls.

 

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