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Air conditioning systems 'in breach of the law'

The Government is ‘in serious danger of killing off the air conditioning inspection regime’, claims Bob Towse, head of technical and safety at the Building & Engineering Services Association (B&ES).

While the European Energy Performance of Buildings Directive (EPBD) requires inspection of all UK air conditioning systems in buildings with a cooling capacity of over 12 kW, he claims says ‘fewer than 5% actually have been’, meaning ‘the vast majority’ have been in breach of the law for at least two years.


He adds: “Apart from the potential legal penalties, building owners and managers are missing out on the energy efficiency benefits flagged up by the inspections.” The B&ES says
all such systems installed on, or after, 1 January 2008 should have been inspected within five years of installation, with older systems over 250 kW output inspected by January 2009, and others above 12 kW by January 2011.


“Very few building owners are even aware of their legal responsibility, while local authorities – who are charged with enforcing this law – are not doing a great job,” Mr Towse points out.


“Mandatory air conditioning inspections were brought in under the EPBD, with ‘compulsory lodgement’ of the reports via the Government’s non-domestic energy performance certificate register introduced two years ago. However,” he adds, “the Government has since doubled the cost of lodgement, and there have been problems with the ‘glitchy’ software imposed on certification bodies by the Department of Energy and Climate Change (DECC).


“It is complex, time-consuming and not at all user-friendly,” said Mr Towse.
B&ES has also pointed to ‘other anomalies’, including the fact that fines for non-compliance can be less than the amount paid for an inspection – the maximum penalty is just £300. Insurance companies are also reported to be offering policies to cover building owners and operators who might be ‘caught out’ by the scheme.
“In conclusion,” Mr Towse said, “under compulsory lodgement, it should be easier to trace buildings failing to comply with their legal obligations, but there is little evidence this is being done – and local authorities do not appear to have the expertise, resources, and / or inclination properly to take on the challenge. However, if the regime is allowed to die, so will a central pillar of the country’s strategy to reduce energy waste in buildings – and to help businesses cut their running costs.”
 

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