Penalties for not having an air conditioning inspection report

Local Weights and Measures Authorities (usually Trading Standards Officers) are responsible for enforcing the requirements relating to air conditioning inspection reports. Failure to commission, keep, or provide an air conditioning inspection report when required by the regulations means that a penalty charge notice may be issued to those in breach of the requirements. Trading Standards Officers may act on complaints or undertake investigations. They may request that a copy of the air conditioning inspection report is provided to them. If requested, the building owner or manager must provide this information within seven days of the request being made 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 a Trading Standards 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 have an air conditioning inspection report is fixed in the regulations and is currently £300.

Occupiers of a building, where a central air conditioning system is under the control of the building owner or manager, would not be liable for a penalty charge for any breach of the duties.

A further penalty can be issued for failure to provide a Trading Standards Officer with a copy of the air conditioning inspection report within seven days when requested to do so. The penalty is fixed at £200.

If a penalty charge notice is issued, but that person believes it should not have been issued, they can request a review. If that person is not satisfied with the outcome of the review, they may appeal to the county court within 28 days after they are given notice confirming the penalty charge notice by the Local Weights and Measures Authority.

If the building owner or manager wants 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 of the prospective tenant or buyer will require sight of the air conditioning inspection report during the legal processes prior to sale or let. Failure to have an air conditioning inspection report, where one is required, may have a negative impact on the transaction process.