DCLG have confirmed that Trading Standards are legally obliged to enforce TM44 (EPBD) compliance
As a result of a number of complaints made by individuals regarding the high levels of non-compliance of the EPBD, in particular, TM44 Air Conditioning Inspections in England and Wales, Anna Dougal, Head of compliance policy for EPBD at DCLG have advised that they would treat seriously, any instances where organisations are failing to comply with their legal obligations, they could risk a fine plus the cost of assessment as well.
DCLG have also confirmed that Trading Standards are legally obliged to enforce compliance and could potentially face a Judicial Review if it were found that they were electing not to enforce compliance.
Sterling Accreditation have been invited to open a dialogue with Trading Standards to better understand how they propose to address the issue of low levels of compliance in England and Wales.
It has been agreed that we will provide detailed information to DCLG where there are any instances of a failure to enforce these Regulations by Trading Standards and would ask that you advise your customers to ensure that they have all of the required documentation to present to Trading Standards should they be subject to an enforcement visit.
If you have a particular case or cases where Trading Standards have not or are not facilitating the enforcement of the EPBD regulation, please let me know and this information will be forwarded to the relevant department for further review.
If you operate air conditioning systems in your workplace and have not already had your systems inspected, contact us at walkergroup.uk and we will be able to help you to gain compliance quickly with little or no disruption to your daily working processes.
Call Walker Group Compliance on 01952 20049