UK businesses could face significantly increased fines for failing to comply with TM44 air conditioning inspection regulations, potentially amounting to a collective cost of hundreds of millions of pounds.
To help boost energy efficiency and tackle widespread non-compliance, the government is tightening enforcement of mandatory air conditioning inspections by proposing higher fines. This action aims to ensure that businesses stick to regulations designed to promote sustainable energy practices. Ignoring the requirement of TM44 compliance is no longer an option – businesses must take immediate action to avoid hefty fines.
A previous consultation in May 2020 showed respondents believed the current enforcement regime for ACIRs (Air Conditioning Inspection Reports) was insufficient. Like other energy certificates, ACIR civil penalty charges for non-compliance are operated by LWMAs through Trading Standards Officers (TSOs). However, it seems that enforcement has been too weak for too long.
Understanding TM44 Inspections
A TM44 inspection is a critical assessment of a building's air conditioning systems. Their primary purpose is to help businesses improve the efficiency of their buildings, ultimately reducing energy consumption, carbon emissions and overall operating costs.
Green Zone Surveys provide both Standard and Enhanced TM44 Recommendation Reports, offering clients a deeper understanding of their energy consumption and data through analysis.
Current Enforcement and Penalties
Over the years, many businesses have failed to carry out mandatory TM44 inspections. Current enforcement measures are seen as too weak and not financially damaging, leading to a lack of adherence.
Local authorities oversee the enforcement of TM44 inspections and failure to provide a valid inspection report when requested results in a financial penalty. A further fine can be repeated weekly until you have a valid certificate in place. Although these inspections are compulsory, there is no legal requirement for organisations to implement the recommended changes outlined in the assessments.
Proposed Increase in Fines: Higher, Harsher and Unavoidable
Recognising that the existing fine may not be enough to deter non-compliance, the government is proposing to increase penalties to £800 per offence for businesses that neglect to carry out TM44s, with the additional fine still imposed weekly until a valid certificate is obtained. The overall cost implication for businesses is huge and the message is very clear: strict adherence to energy efficiency regulations is non-negotiable.
Ben Palmer, Technical Manager at Green Zone Surveys, talks about the positive impact stricter compliance would have: “Compliance needs to improve significantly to encourage improvements to the energy performance of air conditioning systems. I hope an increase in fines generates enough money to allow greater enforcement from officers previously hampered by a lack of resources.”
Businesses Must Act Now
The time for leniency is over. With the prospect of increased fines on the horizon, businesses must act now to maintain and ensure compliance. By complying with these regulations, businesses can expect to see improvements to their system performance and energy consumption. Additionally, compliance demonstrates a commitment to sustainability, aligning with broader governmental net zero objectives.
Is your business TM44 compliant? Don’t wait for enforcement officers to knock on your door. Contact Green Zone Surveys today to check your compliance status and book your TM44 inspection with one of our in-house expert assessors.
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