Never too cold to inspect the air conditioning!

It may have been freezing cold and the snow may have only just melted, but, if you operate air conditioning in commercial premises, did you know that you probably should have been thinking about it on 4th January?

Although many people know of the requirement to produce Energy Performance Certificates on the disposal of most commercial buildings, it is less well known that the Energy Performance of Buildings (Certificates and Inspections)(England and Wales) Regulations 2007 have introduced the requirement for five-yearly air-conditioning inspections, as a further way of promoting the improvement of the energy performance of buildings in England and Wales.

Why the inspections?

The purpose of an inspection is to ensure that commercial building owners or managers have basic information about their system and how its energy efficiency or effectiveness can be improved.

The inspector will look into the refrigeration, air-movement equipment and their controls as well as examine any documentation to see to what extent they have been maintained. The inspector will also consider if the system is of a suitable size for the cooling requirements of the space it operates in. The inspection will not necessarily reveal hazards or unsafe aspects of the system, operation or maintenance and the inspector will not remedy any problems revealed by the inspection.

Who can carry out an inspection?

The inspection must be carried out by an accredited energy assessor, who must be a member of an approved accreditation scheme.  There are currently seven such schemes and details of accredited individuals can be found at www.epcregister.com

Who is responsible for organising an inspection?

The responsiblity for making sure that inspections are carried rests with the person ‘in control’ of the unit. This is whoever controls the technical functioning of the system (i.e. this could be either the landlord or the tenant), but not just someone with the ability to change the temperature.

When does the legislation take effect?

Inspection of new air-conditioning systems installed on or after 1 January 2008, must be carried out within five years of installation. Most importantly, existing air-conditioning systems with an effective rated output of over 250kW should already have been inspected before 4 January 2009, and all other systems with an effective rated output of over 12kW must be inspected by 4 January 2011.

The ‘effective rated output’ is calculated by reference to the maximum calorific output in kW of the system during continuous use. Where there is more than one air conditioning unit within a building controlled by the same person, these will count together as one unit.

After 4 January 2011, if the person in control of the air conditioning system changes and the new person in control is not given a report, the new person must commission a report within three months of the day he/she takes control (for instance, if the premises are sold on or a lease assignment takes place).

Failure to carry out an inspection within the required time limits will attract a fixed penalty which is currently set at £300. This will be imposed by the local authority, usually via their Trading Standards Officers.  

The information set out above is a brief overview of the new legislation. If you require further detailed information please refer to www.communities.gov.uk or contact us on 01423 566666.

Madeline Emptage is a solicitor in Raworths’ commercial property unit. To contact Raworths telephone 01423 566666 or visit our offices at Eton House, 89 Station Parade, Harrogate, HG1 1HF. Alternatively, visit our website on www.raworths.co.uk or email Madeline.emptage@raworths.co.uk.