Overview
Who is responsible for complying with the Regulations?
The obligations fall upon the person in control of the air conditioning (we shall call them 'the controller'). This is effectively the person who is responsible for the repair and maintenance of the system. Anyone who can simply control the temperature will not be a controller.
In a tenanted building, the controller is most likely to be the landlord. However, if individual floors have independent systems, and the tenant is responsible for the repair and maintenance of the system on their floor, the tenant will be
the controller.
Landlords may also outsource the service and maintenance of air-conditioning to facilities managers or to a servicing company. In such cases, the contract will almost certainly place the responsibility to comply with the Regulations on
them. However, the landlord will retain a duty to ensure that the facilities manager or servicing company are complying with the Regulations.
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