September 16, 2010
All air conditioning systems with an effective rated output of more than 12 KW must be regularly inspected by an Energy Assessor. The inspections must be a maximum of 5 years apart.
The regulations require the first inspection of the affected system to be carried out as follows:-
- For all systems first put in service on or after 1st January 2008, the first inspection must take place within 5 years of the date when it was first put into service.
- For other air conditioning systems where the effective rate of output is more than 250 KW the first inspection must have happened by 1st January 2009.
- For other air conditioning systems where the effective rated output is more than 12 KW the first inspection must happen by 4th January 2011.
From 4th January 2011 if the person in control of the air conditioning system changes and a new person in control is not given an inspection report, the new person must ensure the system is inspected within 3 months of the date after that person assumes control of the system.
Local Authorities (usually by their Trading Standards Officer) are responsible for enforcing the requirements relating to reports. Failure to commission, keep, or provide a report when required means you will be issued with a Penalty Charge Notice. The current penalty for failing to have a report is £300.
Having the system inspected by an Energy Assessor is designed to improve efficiency and reduce the electrical consumption, operating costs and carbon emissions of the system. Energy inspections will highlight improvements to the operation of the system or opportunities to replace older, less energy efficient systems or oversized systems with new energy efficient systems.
Accordingly, the required inspection will not only avoid a penalty charge but it should hopefully also lead to financial savings for your business.
If you are buying or leasing a building with an air conditioning system, you ought to ensure that a report is available. The same applies if you are selling or leasing.
A very useful guide exists on the communities and local government website www.communities.gov.uk
Further information can be obtained from the Commercial Property department of Spratt Endicott Solicitors or email Andrew Woods at awoods@se-law.co.uk