Most organisations are aware that a TM44 inspection is legally required for air conditioning systems with a rated output of 12kW or more, ensuring efficiency and regulatory compliance. However, some systems are exempt.
Understanding TM44 exemptions is crucial, incorrectly assuming eligibility could result in non-compliance and fines. For organisations with ISO 14001 (Environmental Management) or ISO 50001 (Energy Management), compliance with TM44 regulations is especially important.
While most businesses require an inspection, exemptions exist based on system type, usage, and status.
Understanding TM44 Exemption Criteria for Your Building
Under TM44 regulations, air conditioning systems with an output of 12kW or more require a TM44 inspection. However, some systems are exempt, including:
Small Air Conditioning Systems Under 12kW
Individual Systems with a total cooling capacity below 12kW are exempt from a TM44 inspection. These systems are typically found in small offices and retail spaces.
Process Cooling Systems (Not for human comfort)
Systems which are exclusively used for process cooling, such as server rooms or industrial machinery, are not exempt; meaning they can be inspected under the TM44 regulations. However, the guidance is not intended to cover dedicated process cooling systems.
NB: If the system also provides comfort cooling for staff or customers, an inspection is required.
Temporary Air Conditioning Systems
A portable or temporary air conditioning system of 12 kW or greater, which has been used for less than two years, does not require a TM44 inspection. Only where they become a permanent or long-term solution for cooling a space is one required.
NB: If a temporary system remains for over two years, it is considered permanent under TM44 regulations and requires an inspection.
Landlord Controlled Air Conditioning Systems
If an air conditioning system is controlled and maintained by a landlord, tenants are not responsible for inspections. The landlord must ensure compliance by managing the maintenance and inspection of the air conditioning systems.
Decommissioned Air Conditioning Systems
If a system has officially been decommissioned permanently with the appropriate documentation, it is exempt from a TM44 inspection.
NB: Systems that are simply ‘switched off’ but still installed must be inspected.
Vehicle and Transport Based Air Conditioning Systems
TM44 regulations and inspections only apply to buildings, meaning that air conditioning systems in trains, buses, planes and other vehicles are exempt.
Ventilation Systems without Cooling Functions
Systems that only provide ventilation, heating or air circulation without any cooling function are exempt from TM44 inspections. Systems with the function to cool that are only used for ventilation or heating still require an inspection as the cooling function is present.
NB: Systems with a cooling function require a TM44 inspection, even if only used for ventilation or heating.
Industrial Buildings With Air Conditioning Systems
There are NO exemptions for industrial buildings. Any air conditioning System in an industrial setting MUST comply with TM44 regulations if it meets the 12kW threshold and must be inspected.
The Pros and Cons of Applying for a TM44 Exemption
If a business believes its air conditioning system qualifies for an exemption, it is essential to weigh both the advantages and potential compliance risks before making a decision.
Advantages of Exemption
- Cost savings: No expense for a TM44 inspection
- Less admin: No paperwork or scheduling
- System flexibility: No need to implement efficiency recommendations
Risks of Incorrectly Assuming Exemption
- Fines: Failing to comply with TM44 regulations could result in penalties
- Higher costs: Without an inspection, inefficiencies may go unnoticed
- Regulatory risk: Misinterpreting exemptions could lead to non-compliance
The TM44 Exemption Process: Step-by-Step Guide
1. Businesses should assess their system against exemption criteria, such as cooling capacity, usage, and status.
2. If an exemption is believed to apply, documentation should be retained to verify compliance, particularly for decommissioned or temporary systems.
3. Consult a TM44 assessor, such as ACI Reports, if there is any uncertainty, as misinterpretation could lead to non-compliance.
4. Even if a system is currently exempt, businesses should periodically review its status to ensure ongoing compliance, especially if modifications or operational changes occur.
When Is a TM44 Inspection Required? Contact ACI Reports Today
For most commercial buildings, a TM44 inspection is legally required, and non-compliance can result in fines. While some systems are exempt, industrial spaces never qualify for exemption, making it essential for businesses to understand the regulations.
If unsure when is a TM44 inspection required, at ACI Reports we provide expert guidance and fully accredited inspections to keep your business compliant. Contact our team today on 01695 550657.