The Energy Performance of Buildings (England and Wales) Regulations 2012

PART 4 E+W Inspection of Air-conditioning systems

Application and interpretation of Part 4 E+W

17.—(1) This Part applies to air-conditioning systems with an effective rated output of more than 12kW.

(2) Where the relevant person has the power to control the temperature of more than one individual air-conditioning unit in a building, each unit shall be considered to be a component of a single air-conditioning system for the purposes of paragraph (1).

(3) In this Part, “effective rated output” means the maximum calorific output specified and guaranteed by the manufacturer of the system as being deliverable during continuous operation while complying with the useful efficiency indicated by the manufacturer.

Inspections of air-conditioning systems E+W

18.—(1) It is the duty of the relevant person in relation to an air-conditioning system to which this Part applies to ensure that [F1 accessible parts of the system are] inspected by an energy assessor at regular intervals not exceeding five years.

(2) The first inspection of the [F2 accessible parts of the] system must take place before the relevant date.

(3) In this regulation, “the relevant date”—

(a) where the system is first put into service on or after 1st January 2008, means the last day of the period of five years beginning with the date on which the system is first put into service; and

(b) where paragraph (a) does not apply—

(i) in the case of a system with an effective rated output of more than 250kW, means 4th January 2009; or

(ii) in the case of a system with an effective rated output of more than 12kW, means 4th January 2011.

Textual Amendments

F1 Words in reg. 18(1) substituted (6.4.2015) by The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2015 (S.I. 2015/609), regs. 1(1), 2(3)(a)

F2 Words in reg. 18(2) inserted (6.4.2015) by The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2015 (S.I. 2015/609), regs. 1(1), 2(3)(b)

Reports E+W

19.—(1)  [F3 Subject to paragraph (4),] where an energy assessor undertakes an inspection of the system [F4 under regulation 18] he must make a written report of the inspection and give it to the relevant person as soon as practicable after completing the inspection.

(2) The inspection report must include an assessment of the air-conditioning efficiency and the sizing of the system compared to the cooling requirements of the building, and contain appropriate advice on [F5 cost-effective improvement to the energy performance of] the system, replacement of the system and alternative solutions.

[F6 (2A) The inspection report must consider the capabilities of the air-conditioning system to optimise its performance under typical operating conditions for that system.]

(3) The inspection report must be in a form including the following information—

(a) the reference number under which the set of data from which the report may be produced has been entered onto the register in accordance with regulation 27;

(b) the address of the building in which the system is located;

(c) the name of the energy assessor;

(d) the name and address of the energy assessor's employer, or, if such a person is self-employed, the name under which that person trades and their address;

(e) the date on which the inspection occurred; and

(f) the name of the approved accreditation scheme of which the energy assessor is a member.

[F7 (4) This regulation does not apply to inspection reports issued under regulation 19A.]

Textual Amendments

F3 Words in reg. 19(1) inserted (6.4.2016) by The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2016 (S.I. 2016/284), regs. 1(2), 12(a)

F4 Words in reg. 19(1) inserted (6.4.2015) by The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2015 (S.I. 2015/609), regs. 1(1), 2(4)(a)

F5 Words in reg. 19(2) substituted (6.4.2015) by The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2015 (S.I. 2015/609), regs. 1(1), 2(4)(b)

F6 Reg. 19(2A) inserted (28.12.2020) by The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2020 (S.I. 2020/1422), regs. 1(2), 3

F7 Reg. 19(4) inserted (6.4.2016) by The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2016 (S.I. 2016/284), regs. 1(2), 12(b)

[F8 Reports in respect of excluded buildings E+W

19A.— (1) This regulation applies where—

(a) a building in relation to which an inspection report is requested to be issued is an excluded building; and

(b) the person who requests the inspection report—

(i) notifies the energy assessor (whether in writing or otherwise) that the building is an excluded building; and

(ii) requests (whether in writing or otherwise) that the inspection report is issued under this regulation.

(2) Where an energy assessor undertakes an inspection of the system under regulation 18 he must make a written report of the inspection and give it to the relevant person as soon as practicable after completing the inspection.

(3) An inspection report issued under this regulation must comply with the requirements of paragraphs (2)[F9 , (2A)] and (3) of regulation 19, other than the requirement in paragraph (3)(a) (reference number under which data entered onto register).

(4) Where this regulation applies, the energy assessor must not enter any data relating to the building onto the register. ]

Textual Amendments

F8 Reg. 19A inserted (6.4.2016) by The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2016 (S.I. 2016/284), regs. 1(2), 13

F9 Word in reg. 19A(3) inserted (28.12.2020) by The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2020 (S.I. 2020/1422), regs. 1(2), 4

Keeping of records etc E+W

20.—(1) The relevant person must keep the most recent inspection report made by an energy assessor pursuant to regulation19.

(2) Where the relevant person changes, the previous relevant person must give to the new relevant person any inspection report kept by him under this regulation.

Changes of relevant person E+W

21.  Where—

(a) the relevant person changes; and

(b) the new relevant person is not given any inspection report,

the new relevant person must ensure that the system is inspected within three months of the day on which he becomes the relevantperson.