Trading Standards Enforcing the Directive

The controllers of air conditioning systems, be them the maintenance company, or employee, have statutory obligations and duties of care in the operation and maintenance of air-conditioning systems. The inspections are in addition to the normal activities associated with the ownership and operation of air conditioning systems.

In England and Wales the energy performance of buildings (EPB), regulation 20 implemented article 9 of the European Energy Performance of Building Directive (EPBD) which requires air conditioning inspections to be carried out on all systems as follows;

Since 4th January 2011 all air conditioning systems over 12kW must have been inspected to avoid a financial penalty being levied on the operator or business owner by local trading standards officers.

From 1st Oct 2011, the policing of inspections is being stepped up by the introduction of mandatory lodgment with Landmark, the government agency responsible for recording all air conditioning reports. Trading Standards will then be able to proactively search out all those buildings without current inspection reports.

With fines of  up to £5000, it is now more important than ever to ensure you comply and have your air conditioning report carried out. Failure to have in place a refrigerant register, is also an offence for which the controller can be fined.

Please note under health and safety regulations, any controller operating a system that has not been inspected following the 4th January 2011 deadline, may be in breach of health and safety legislation, thus preventing them from controlling or operating the system, until such an inspection has been undertaken.

Insurance companies are well aware of the considerable number of policies, that may be invalid due to non compliance of legislation, in the event of a claim. They respond by urging their policy holders to become compliant, as a matter of urgency.


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