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Penalties for not having an air conditioning inspection report

Local authorities (usually by their 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 you may be issued with a penalty charge notice.

Trading Standards Officers may act on complaints or undertake investigations. They may request you to provide them with a copy of your air conditioning inspection report. If asked, you must provide this information within seven days of the request 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 an enforcement 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 having an air conditioning inspection report is fixed at present at £300 per quarter up to £5,000.

If you are issued with a penalty charge notice and you believe it should not have been issued you can request a review. If you are not satisfied with the outcome of the review you may appeal to the county court within 28 days after you are given notice confirming the penalty charge notice from the local authority.

If you want 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 to the potential tenant or buyer will require sight of the report during the legal processes prior to exchange of contracts. Failure to have a report where one is required may have a negative impact on the transaction process.

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