Avoid Fines: TM44 Inspection Legal Requirements for Commercial Buildings in the UK

TM44 air conditioning inspections aren’t optional—they are a legal requirement under UK law. And with enforcement tightening in 2025, commercial building owners who ignore them risk significant fines, compliance complications, and operational disruptions. This article breaks down the legal framework, what you’re required to do, and how to stay compliant.

TM44 inspections are mandated by the Energy Performance of Buildings Regulations (EPB). These regulations implement EU and UK government directives on improving energy efficiency in buildings.

You are legally required to have a TM44 inspection if:

• Your building contains air conditioning systems with a combined output over 12kW

• You are the building owner or the person in control of the cooling system

• The inspection has not been completed within the past five years

1. Inspection Every Five Years
2. Inspection Conducted by Accredited TM44 Assessor
3. Retain TM44 Report for Review by Local Authorities
4. Present Inspection Report Upon Request

Failing to have a valid TM44 report can result in:

• A fixed penalty fine of £300 per system

• Additional fines if inspection is not arranged after notice

• Public disclosure of non-compliance in some lease and sales transactions

Enforcement is carried out by Trading Standards Officers, who have the right to:

• Request TM44 inspection reports

• Issue penalty notices

• Escalate unresolved non-compliance cases

• Valid TM44 inspection report (dated within last 5 years)

• Proof of inspection (including assessor’s accreditation)

• Maintenance logs and documentation

• Assuming regular HVAC servicing = TM44 compliance (It doesn’t)

• Believing small split systems don’t count (If they total over 12kW, they do)

• Overlooking new systems (New installations require inspections within 5 years)

TM44 compliance is increasingly included in lease obligations and sale agreements. Non-compliance can:

• Delay transactions

• Reduce property value

• Create legal liabilities for landlords or tenants

The government is reviewing energy performance regulations, and future changes may:

• Lower the inspection threshold

• Make TM44 status part of public building certifications

Ignoring TM44 inspections is a legal risk no commercial property can afford. Ensure your systems are compliant, your reports are current, and your documentation is in order.

Avoid penalties and stay ahead of regulatory changes. Schedule your TM44 inspection with our certified experts today.