TM44 for Newly Acquired Commercial Buildings: What Buyers and New Owners Must Check in the First 30 Days

Buying a commercial building does not automatically reset its air-conditioning compliance history. If the property has an air-conditioning system with a combined effective rated output of more than 12kW, a valid inspection report may already be required – and responsibility can pass to the person who takes control of that system.

The most important point for a new owner is this: do not assume that an EPC, an air-conditioning maintenance contract or a folder labelled “TM44” proves compliance. You need to establish what equipment is installed, who controls it, whether the combined capacity crosses the threshold, whether the latest report is genuine and lodged, and when the next inspection is due.

Government guidance for England and Wales says that the person controlling the operation of the air-conditioning system must ensure the inspection has been completed, retain the most recent report and pass it to the person taking over responsibility. If control transfers without the report being provided, the new controller must arrange an inspection within three months. That makes the first 30 days after acquisition the ideal window for identifying the position and acting before the deadline becomes urgent.

This guide gives buyers, investors, landlords, asset managers and facilities teams a practical post-completion process for protecting the asset, documenting responsibility and resolving any TM44 compliance gap.

Need a fast compliance review? Request a TM44 quotation and send us the property address, AC asset list or photographs, previous report if available, and your acquisition date. We can review the information, confirm the likely inspection scope and arrange an accredited assessment where required.

The short answer: what should a new owner do?

Within the first 30 days, a new commercial property owner should:

1. obtain the latest air-conditioning inspection report from the seller or previous controller;

2. confirm that the report is lodged on the official register and relates to the correct building;

3. check the inspection date and calculate the five-year renewal deadline;

4. identify every comfort-cooling system under the new owner’s control;

5. calculate the combined effective rated output rather than looking at each unit separately;

6. review leases and facilities-management contracts to establish who controls each system;

7. compare the report’s asset schedule with the equipment now installed;

8. collect maintenance, F-Gas, commissioning and controls records;

9. commission a new inspection promptly if the report is missing, expired or materially unreliable; and

10. record the next renewal date in the building’s compliance calendar.

For a broader explanation of the rules, see our guide to TM44 legal requirements for commercial buildings.

Why acquisition creates a TM44 risk point

Commercial property transactions are document-heavy. The EPC, asbestos information, fire-risk documentation, electrical records, service-charge accounts and leases often receive close scrutiny. TM44 can be missed because it relates to a building service rather than the structure itself – and because several common documents look similar enough to create false confidence.

A service sheet confirms maintenance activity. An F-Gas record concerns refrigerant obligations. An EPC assesses the energy performance of the building. None of those documents substitutes for a valid air-conditioning inspection report when the system is within scope.

The risk becomes more complicated in multi-let buildings. The landlord may control central plant, while individual tenants own or control supplementary split systems. One party may operate the building management system, another may pay the electricity bill and a maintenance contractor may attend the plant. The legal question is not simply “Who owns the building?” It is who controls the technical functioning of the relevant air-conditioning system?

Official guidance says that the owner will usually be the controller even where day-to-day work is contracted out. A tenant may be responsible where it takes full responsibility for the building and services, such as under a full repairing and insuring lease, or where it owns locally installed equipment. Depending on the contract, a facilities-management or servicing company may also assume responsibility, although the landlord or occupier may retain a parallel duty.

This is why responsibility should be mapped in writing immediately after completion, not left until the certificate expires or Trading Standards requests the report.

Your 30-day TM44 acquisition plan

The 30-day plan is a due-diligence framework, not a replacement for the statutory timetable. In England and Wales, if responsibility transfers and the previous operator does not provide the report, official guidance states that an inspection must be completed within three months of the new operator taking control.

1. Obtain the complete report – not just a certificate image

Ask the seller, managing agent, outgoing tenant or facilities provider for the complete air-conditioning inspection report and its unique report reference number. The report should identify the building, inspection date, accredited assessor, accreditation scheme, assessed systems, findings and recommendations.

A screenshot, invoice or appointment confirmation is not enough. Reports produced on or after 6 April 2012 must be lodged on the Energy Performance of Buildings Register to be valid in England and Wales. A lodged report receives a unique reference number.

Use our explanation of the TM44 Register and how reports are verified if the handover pack contains unclear or incomplete evidence. You can also learn why government lodgement is essential for a valid TM44 certificate.

When checking the document, confirm:

• the address matches the property acquired;

• the report covers the relevant building rather than another unit on the estate;

• the inspection date is visible;

• the report reference number is valid;

• the named assessor was accredited for the work;

• the system description resembles the equipment installed; and

• the report has not already passed its five-year renewal point.

If the seller says the report has been lost, do not immediately assume a new inspection is required. A lodged report may be retrievable from the register by its reference number or building address, unless the owner opted out of address-based public disclosure.

2. Check the five-year deadline accurately

Air-conditioning systems within scope must be inspected at intervals of no more than five years. The acquisition date does not normally create a new five-year period. The existing inspection history follows the system, so a report completed four years and eleven months before completion may leave the buyer with only weeks to arrange the next assessment.

Record three dates:

• the date of the last inspection;

• the final date by which the next inspection must be completed; and

• an internal reminder, ideally three to six months before expiry.

Do not use the report’s email date, invoice date or the day it was forwarded to you as the inspection date. If there is doubt, verify the lodged record. Our TM44 certificate guide explains what the documentation should contain and how it fits into the wider compliance process.

3. Recalculate the total cooling capacity

One of the most common acquisition mistakes is checking whether any single unit exceeds 12kW. The threshold applies to the combined effective rated output of air-conditioning systems under single control within a building. Multiple smaller units can therefore bring a property within scope.

For example, an office with six 3.5kW split systems has 21kW of installed cooling capacity. No individual unit exceeds 12kW, but the combined system is above the threshold. A hotel with many small room units, a retail building with separate sales-floor systems, or a school with cooling distributed across classrooms can reach the threshold quickly.

Build the inventory from:

• O&M manuals and commissioning documents;

• air-conditioning maintenance schedules;

• F-Gas asset registers;

• equipment labels and model numbers;

• landlord and tenant fit-out records;

• roof and plant-room surveys; and

• information held by the incumbent maintenance contractor.

When the records are incomplete, arrange a site survey rather than estimating from the number of indoor units alone. One outdoor system may serve several indoor units, and heating capacity should not be mistaken for rated cooling output. Our detailed page on TM44 inspection requirements covers the threshold and system scope in more detail.

4. Establish who controls the system

Ownership, occupation and technical control can sit with different parties. A new freeholder should review leases, licences for alterations, service-charge provisions, maintenance agreements and FM contracts.

Create a simple responsibility matrix for each system:

Avoid relying solely on a clause saying the contractor is “responsible for compliance.” Check that the contract actually gives that party control over technical operation and expressly allocates inspection duties. If the wording is unclear, seek legal advice; a service contract alone does not necessarily remove the owner or occupier’s obligations.

For portfolios, centralising this information is particularly valuable. Our TM44 portfolio management service helps property owners coordinate inspection dates, site information and compliance evidence across multiple locations.

5. Compare the lodged report with the building you actually bought

A report may be genuine and still fail to describe the current installation. Between the inspection date and completion, tenants may have added split systems, a floor may have been refurbished, old plant may have been replaced, or a central system may have been reconfigured.

Compare the report’s asset information with the current inventory. Investigate any material difference, including:

• additional indoor or outdoor units;

• changed model numbers or capacities;

• newly occupied or refurbished floors;

• alterations to controls or BMS strategy;

• replacement chillers, VRF/VRV systems or packaged units;

• systems recorded as decommissioned but still in use; and

• inaccessible plant that may not have been assessed adequately.

A change does not automatically mean the old report is legally invalid, but a materially different system can make the report a poor representation of the asset now under your control. An accredited assessor can advise whether a new inspection should be completed rather than waiting for the old five-year date.

6. Review the evidence behind the inspection

Good documentation makes an inspection more effective and can reduce uncertainty, time on site and cost. Official guidance notes that incomplete documentation can limit the assessment and may increase the cost where the assessor must locate information during the visit.

Collect and organise:

• the previous lodged TM44 report;

• an up-to-date AC asset register;

• maintenance and service records;

• F-Gas leak-checking records where applicable;

• commissioning and balancing information;

• manufacturer data and system schematics;

• BMS schedules, operating hours and set points;

• records of faults, complaints and callouts;

• details of alterations since the last inspection; and

• safe-access arrangements for roofs, risers and plant rooms.

Our TM44 inspection evidence guide explains what to prepare before the assessor arrives.

7. Understand what the inspection will – and will not – do

A TM44 assessment considers the energy efficiency of the air-conditioning system. The report can address likely efficiency, maintenance adequacy, controls and settings, system sizing in relation to cooling demand, faults affecting efficiency and improvement opportunities.

It is not the same as servicing, fault diagnosis, an F-Gas leak check or remedial works. The assessor does not normally clean equipment, reset controls or repair defects as part of the inspection. Those actions require a separate instruction to a competent contractor.

The recommendations are generally advisory rather than mandatory, but dismissing them automatically wastes part of the value of the assessment. For a newly acquired building, the report can expose operational costs that were not obvious during legal due diligence: simultaneous heating and cooling, poor time schedules, dirty heat exchangers, uncontrolled zones, inadequate maintenance or oversized legacy plant.

Used properly, the report becomes a first-year asset-management plan rather than a certificate stored until the next transaction.

8. Commission a new assessment if the evidence fails

Arrange an inspection promptly where:

• no report was transferred;

• the latest report is more than five years old;

• the report cannot be verified as lodged;

• it covers the wrong address or only part of the controlled system;

• the building’s air-conditioning installation has changed materially;

• the asset list is too incomplete to establish scope; or

• control has transferred and you cannot demonstrate compliance.

Only an accredited air-conditioning energy assessor can produce and lodge a valid report. The appropriate assessor level depends on system complexity, so provide accurate information at quotation stage. Photographs, model numbers, a site plan and an asset register can help establish the correct scope.

For budgeting, read our guide to TM44 inspection costs in the UK. Prices depend on the number and type of systems, building size, documentation, access, travel and complexity – not only on total kW.

Illustrative case study 1: the “valid certificate” that covered the wrong unit

Scenario: An investor acquires two adjoining industrial units with air-conditioned offices. The seller supplies a current-looking report during completion.

Problem: The new facilities manager checks the report reference and discovers that it applies only to Unit A. Unit B has a separate postal address and its own 18kW split system, which does not appear in the asset schedule.

Action: The buyer maps the systems and control arrangements, retains the valid evidence for Unit A and commissions an assessment for Unit B. Both renewal dates are then added to the portfolio compliance register.

Lesson: A genuine report is not automatically evidence for every building or system included in a property transaction. Always reconcile the address and asset schedule.

Illustrative case study 2: six small units above the threshold

Scenario: A buyer acquires a small professional-services office. The handover notes say “No TM44 – all units below 12kW.”

Problem: The office has six split systems, each rated at approximately 3.5kW cooling. Under single control, their combined effective rated output is approximately 21kW.

Action: The buyer gathers model photographs and maintenance records, obtains a scope confirmation and books an accredited inspection.

Lesson: The 12kW test is not necessarily applied unit by unit. Aggregation is one of the most important checks in acquisition due diligence.

Illustrative case study 3: responsibility hidden in the lease

Scenario: A landlord purchases a multi-let office building with central cooling and tenant-installed supplementary systems.

Problem: The managing agent initially assumes one report covers everything. Lease review shows that the landlord controls the central plant, while two tenants control their own locally installed systems.

Action: The landlord verifies the central-system report, notifies tenants of their separate evidence obligations and creates a building-wide responsibility schedule. The managing agent retains copies so future sale or refinancing enquiries can be answered quickly.

Lesson: Mapping technical control prevents gaps and avoids paying to assess systems controlled by another party.

What happens if the previous owner did not provide a report?

For England and Wales, the government’s air-conditioning inspection guidance is explicit: where control passes to a new person and the previous operator has not provided the report, the system must be inspected within three months of the new operator taking control.

That is not a reason to wait until month three. Access coordination, asset discovery and document recovery take time, especially in occupied buildings or portfolios. Starting within 30 days gives the assessor time to define the system boundary, request evidence and plan access.

The same guidance states that Trading Standards can enforce the requirements. The current penalty in England and Wales for failing to have a required report is £300, with a further £200 penalty possible for failing to provide a copy within seven days when requested. More importantly for many buyers, missing documentation can delay a future sale, letting, refinancing, audit or client compliance review.

TM44, EPC, maintenance and F-Gas: four different checks

These records complement one another. A well-managed acquisition file should contain each applicable document under a clear heading, with the responsible person and next due date recorded.

The commercial value of acting early

Prompt TM44 review is not simply about avoiding a modest statutory penalty. It helps a new owner:

• identify hidden cooling assets and clarify maintenance scope;

• challenge incomplete seller or managing-agent information;

• establish realistic first-year plant budgets;

• detect inefficient time schedules and control conflicts;

• prioritise low-cost improvements before peak cooling season;

• support ESG, energy and carbon reporting;

• answer lender, purchaser and tenant enquiries confidently; and

• avoid urgent inspections immediately before a transaction deadline.

For owners planning wider energy improvements, the findings can also be considered alongside the building’s Energy Performance Certificate and maintenance strategy.

How TM44.uk supports new commercial property owners

TM44.uk provides nationwide support for commercial property owners, managing agents, facilities teams and multi-site operators. We can help you establish whether the building is likely to fall within scope, review the available system information, define the inspection requirement and arrange an accredited assessment and government lodgement.

Our service can include:

• pre-inspection review of asset lists and system information;

• quotation based on the actual building and AC scope;

• coordination with tenants, site managers and maintenance contractors;

• inspection by an appropriately accredited energy assessor;

• preparation of the air-conditioning inspection report;

• lodgement on the relevant register; and

• support for single buildings and multi-site portfolios.

Explore our TM44 air-conditioning inspection service or request a quotation. To obtain an accurate quote quickly, send the property address, acquisition date, previous report if available, AC asset register or clear equipment photographs, number of buildings and any roof or restricted-access requirements.

Final 30-day checklist for buyers and new owners

• Full previous air-conditioning inspection report obtained

• Report reference verified on the register

• Building address and inspection date confirmed

• Five-year renewal deadline recorded

• Current AC asset register completed

• Combined effective rated output checked

• System controller identified for every installation

• Lease and FM responsibilities documented

• Current equipment compared with the report

• Maintenance, F-Gas and commissioning records collected

• Roof, plant-room and tenant access planned

• New accredited assessment instructed where required

• Report and next renewal date added to the compliance register

The strongest position is a simple one: know what systems the property contains, know who controls them, hold a verified lodged report and know the exact renewal date. Complete those checks in the first 30 days and TM44 becomes a managed compliance item rather than an unpleasant discovery before the next audit or transaction.

Bought or taken control of a commercial property? Contact TM44.uk for a nationwide TM44 assessment. We will review the information you have, identify what is missing and provide a clear quotation for the required inspection, report, certificate and lodgement.