TM44 Inspections for Serviced Offices and Co-Working Spaces: Landlord, Operator or Tenant?

Serviced offices, co-working spaces and flexible workspaces have changed the way commercial buildings are used across the UK. A single building may now include private offices, hot-desking areas, meeting rooms, podcast rooms, breakout lounges, reception areas, kitchens, event spaces and small server rooms, all operating under different occupancy arrangements.

That flexibility is useful for tenants, but it can create confusion when it comes to TM44 air conditioning compliance.

In a traditional office lease, responsibility may be relatively clear. One landlord owns the building, one tenant occupies the space, and the lease normally says who maintains the plant, who manages the services and who pays for statutory compliance.

In a serviced office or co-working building, the position is often more complicated. The landlord may own the building. A flexible workspace operator may control the day-to-day office environment. Individual businesses may only have a licence to use desks, rooms or suites. Some air conditioning systems may serve the whole building, while others may only serve specific meeting rooms, tenant suites or IT areas.

So who is responsible for arranging a TM44 inspection?

The short answer is this: responsibility usually depends on who controls the air conditioning system, who has the legal or contractual duty to maintain it, and how the lease, management agreement or service contract is structured. In many serviced office buildings, that means the landlord or flexible workspace operator will need to take the lead. In some cases, an individual tenant may also have responsibility if they have installed or control their own air conditioning system.

This guide explains how TM44 inspections apply to serviced offices, co-working spaces and flexible workspace buildings in the UK, who should check compliance, and what documents are normally needed before booking a TM44 survey.

For a wider explanation of TM44 legal responsibility, see our guide on TM44 legal responsibility between landlords, tenants and managing agents.

What is a TM44 inspection?

A TM44 inspection is an air conditioning energy assessment for qualifying non-domestic buildings. It applies where the combined effective rated output of the air conditioning system is more than 12kW.

The inspection must be carried out by an accredited air conditioning energy assessor. The purpose is to assess the efficiency, condition, sizing, controls and operation of the air conditioning system, then provide recommendations that may help reduce energy use, improve system performance and support compliance.

A TM44 inspection is not the same as normal air conditioning servicing. A service visit may focus on cleaning filters, checking refrigerant, testing operation and fixing faults. A TM44 inspection is a statutory energy assessment. It looks at whether the system is being used efficiently, whether controls are appropriate, whether maintenance appears adequate, and whether improvements could reduce energy consumption.

For a more general explanation, read our full guide: What is a TM44 inspection?

Why serviced offices and co-working spaces are different

Serviced offices and co-working spaces are not always straightforward because responsibility is spread across multiple parties.

A typical flexible workspace arrangement may involve:

The freeholder or head landlord who owns the building.

The leaseholder or operator who runs the serviced office brand.

A managing agent who manages common parts or building services.

Individual businesses who occupy private offices, desks or rooms under short-term licences.

HVAC contractors who maintain the air conditioning systems.

Facilities managers who handle day-to-day operation.

This structure can create gaps. Everyone assumes someone else is handling TM44 compliance. The landlord assumes the operator has it covered. The operator assumes the building owner has it covered. The tenant assumes it is included in their licence fee. The managing agent assumes the contractor’s maintenance visit covers it.

That is where problems start.

A serviced office can be beautifully managed, fully occupied and professionally maintained but still have no valid TM44 report if no one has specifically arranged the statutory inspection and lodgement.

If you are unsure whether your building is above the threshold, start with our guide on how to check the TM44 12kW threshold.

When does a serviced office need a TM44 inspection?

A serviced office or co-working building may need a TM44 inspection if the combined effective rated output of the air conditioning systems serving the non-domestic space is more than 12kW.

This can include:

Central air conditioning plant serving multiple floors.

VRF or VRV systems serving private offices and shared areas.

Multiple split systems across rooms or floors.

Cassette units serving meeting rooms and workspaces.

Cooling for reception, kitchens, lounges and event spaces.

Air conditioning serving comms rooms or small IT areas, depending on how the system is used and assessed.

The important point is that the 12kW threshold is not always based on one single unit. Multiple smaller units can count together if they form part of the air conditioning system serving the building or controlled space.

That means a small co-working site may fall outside the requirement if it has minimal cooling. But a larger flexible workspace with several meeting rooms, private suites and shared areas can cross the threshold very quickly.

For example, four wall-mounted split systems rated at 3.5kW each may already put the combined output above 12kW. Many serviced offices have far more than this.

Who is responsible: landlord, operator or tenant?

There is no single answer that applies to every serviced office. The correct position depends on the legal and operational setup.

However, these are the common scenarios.

Scenario 1: The landlord controls the central air conditioning system

If the landlord owns and controls the main HVAC system, and that system serves the building or common areas, the landlord or their appointed managing agent will usually be the party expected to organise statutory compliance.

This is common in multi-let commercial buildings where the landlord provides heating, cooling and ventilation as part of the building services.

In this arrangement, individual co-working tenants may not have access to the plant room, service records or technical asset information. They cannot realistically arrange a full TM44 inspection because they do not control the system.

The landlord or managing agent should normally hold:

• Asset list.
• Maintenance records.
• Previous TM44 report, if available.
• Plant access details.
• Responsible person contact.
• AC system location information.

This should be checked before the operator opens or expands the flexible workspace.

Scenario 2: The serviced office operator controls the space and the AC system

In many serviced office buildings, the operator leases the building or floor from the landlord, then sells office licences to end users. If the operator controls the space, arranges maintenance, manages comfort cooling and deals directly with the AC contractor, the operator may have practical responsibility for TM44 compliance.

This is especially likely where the operator has fitted out the space, installed additional AC units, added meeting rooms, converted layouts or changed how the cooling system is used.

For example, an operator may take a bare office floor and convert it into 40 private offices, 3 meeting rooms, a lounge, phone booths and a small server area. If new cassette units or split systems are installed as part of that fit-out, the operator needs to know whether the total installed cooling capacity exceeds 12kW.

In that case, the operator should not assume the landlord’s old report still covers the new layout. A new inspection or compliance review may be needed.

Scenario 3: The tenant installed their own air conditioning

Sometimes an individual tenant inside a managed office building installs additional cooling. This may happen where a business has a private suite, IT-heavy workspace, studio, trading room, laboratory area, podcast room or equipment room.

If the tenant installed, controls and maintains that system, the tenant may have responsibility for that specific air conditioning equipment. The wider building system may still be the landlord’s responsibility, but the tenant’s own equipment should not be ignored.

This can become important when tenant-installed systems push the combined cooling capacity above the 12kW threshold.

The key questions are:

• Who paid for the system?
• Who controls it?
• Who maintains it?
• Who has access to it?
• Is it included in the landlord’s asset register?
• Is it included in the operator’s maintenance contract?
• Was it included in any previous TM44 inspection?

If the answer is unclear, the building should be reviewed before assuming compliance is in place.

Scenario 4: A managing agent handles compliance on behalf of the landlord

For larger commercial buildings, a managing agent may be appointed to deal with building services, common areas, contractors and statutory documentation.

In that case, the managing agent may be the person practically responsible for obtaining quotes, arranging access, coordinating the assessor and holding the final TM44 report.

However, the legal and contractual responsibility may still sit with the building owner, landlord or party specified in the lease. The managing agent acts on instruction.

This is why TM44 compliance should be included in the property compliance file, not treated as an informal maintenance task.

For related guidance, see TM44 compliance file: documents businesses should keep.

Why co-working spaces are high-risk for missed TM44 compliance

Co-working spaces are often fast-moving. Layouts change. Rooms are added. More desks are introduced. Meeting room demand increases. More cooling may be installed as occupancy rises.

That creates several compliance risks.

First, the original AC design may no longer reflect how the building is used. A floor designed for a normal office may now support a higher density of people, longer opening hours and more internal heat gain from laptops, screens and meeting rooms.

Second, smaller AC additions may not be recorded properly. A cassette unit added to a meeting room or a split unit added to a server room may seem minor at the time, but these additions can affect the overall TM44 position.

Third, responsibility can become unclear. The landlord may own the base-build system, while the operator controls the fit-out systems. If no one maintains a single asset list, the TM44 assessor may not receive the full picture.

Fourth, flexible workspaces often operate as customer-facing brands. A compliance issue can damage trust with occupiers, corporate clients and property partners.

TM44 compliance is not just about avoiding a fine. It is also part of showing that the workspace is professionally managed.

Common TM44 responsibility mistakes in serviced offices

One of the biggest mistakes is assuming that air conditioning servicing is the same as a TM44 inspection. It is not. A maintenance contract may be useful evidence, but it does not replace a lodged TM44 report.

Another common mistake is assuming that a landlord’s old TM44 report covers a new serviced office fit-out. If the layout, equipment, cooling capacity or usage has changed, the old report may no longer reflect the current system.

A third mistake is failing to count multiple smaller systems together. A serviced office may have several modest units that individually appear below 12kW, but together exceed the threshold.

A fourth mistake is not checking the expiry date. TM44 inspections are generally required every 5 years for qualifying systems. A report from a previous operator, landlord or occupier may be out of date.

A fifth mistake is not having the right documents available. Without asset details, maintenance records and access information, the process may be delayed.

For a practical preparation guide, see what we need from you for a TM44 quote.

Example: serviced office responsibility in practice

Here is a realistic example.

A flexible workspace operator takes a 22,000 sq ft office floor in a commercial building in Central London. The landlord provides base-build cooling through a central VRF system. The operator then fits out the space with 55 private offices, 8 meeting rooms, 2 breakout areas, a reception, a podcast room and a small comms room.

During fit-out, the operator adds several additional cassette and split units to support meeting rooms and the comms area. The landlord’s managing agent still maintains the main building plant, but the operator’s own contractor maintains the added units.

Two years later, a corporate occupier asks whether the building has a valid TM44 report as part of their internal ESG and compliance checks. The operator asks the landlord, who provides an old report from before the fit-out. The report does not list the additional meeting room units or the comms room cooling.

In this situation, relying on the old report is risky. The correct approach would be to review the current AC asset list, check the total rated output, confirm which systems serve which areas, and arrange an updated TM44 inspection if the qualifying threshold is met and the existing report does not properly reflect the installed systems.

The responsibility may be shared practically between the landlord and operator, but the compliance gap must still be closed.

This type of situation is common because flexible workspace fit-outs often evolve faster than compliance records.

Case study example: how a co-working operator reduced risk before expansion

A UK co-working operator preparing to open a second location reviewed its compliance process before signing a new lease. The proposed building had several floors, an existing VRF system and a mixture of landlord-controlled and tenant-installed units from previous occupiers.

The operator initially assumed TM44 compliance was already handled because the building had an active air conditioning maintenance contract. During pre-lease due diligence, their facilities consultant requested the previous TM44 report, asset list and maintenance records.

Three issues appeared:

• The previous TM44 report was close to expiry.
• The asset list did not include several split systems serving meeting rooms.
• The lease did not clearly state whether the operator or landlord would arrange future TM44 inspections for fit-out cooling.
• Before taking occupation, the operator asked the landlord to clarify responsibility in writing and arranged a fresh review of the air conditioning assets. The result was a cleaner handover, a better compliance file and a clearer service charge discussion.

The operator avoided three problems before they became expensive: unclear responsibility, missing equipment and an expired report.

The lesson is simple. TM44 should be checked before occupation, not after a warning letter or client due diligence request.

What serviced office operators should check

A serviced office operator should have a simple TM44 compliance checklist for every site.

• Check whether the building or occupied space has air conditioning.
• Check whether the combined rated output exceeds 12kW.
• Ask for the latest TM44 report and expiry date.
• Confirm whether the report was lodged correctly.
• Check whether the report reflects the current layout.
• Check whether all landlord and operator-controlled systems are listed.
• Review any tenant-installed or operator-installed additional units.
• Confirm who arranges maintenance.
• Confirm who is responsible under the lease or management agreement.
• Keep the report in the compliance file.
• Add a renewal reminder before the 5-year expiry date.

This is not just an admin exercise. It protects the operator during landlord negotiations, client onboarding, insurance reviews and ESG audits.

What landlords should check before leasing to a co-working operator

Landlords should not assume that a serviced office operator will automatically handle TM44.

Before leasing to a flexible workspace provider, the landlord should check:

• Whether the existing AC system already requires TM44.
• Whether the current report is valid.
• Whether proposed fit-out works will alter the AC system.
• Whether the operator plans to install extra cooling.
• Whether the lease clearly allocates responsibility for statutory AC inspections.
• Whether common parts and demised areas are separated clearly.
• Whether service charge provisions cover compliance inspections.
• Whether the operator must provide records of any added cooling systems.

This protects the landlord because a flexible workspace can increase cooling demand and system complexity. If the building later becomes non-compliant, the landlord may still be drawn into the issue.

What tenants and occupiers should ask

Most businesses using co-working spaces are not responsible for the whole building’s TM44 inspection. But larger occupiers, corporate tenants and businesses taking private suites should still ask basic questions.

Before signing a serviced office agreement, ask:

• Is the air conditioning system covered by a valid TM44 report?
• Who is responsible for statutory AC compliance?
• Are private office areas included?
• Are meeting rooms and shared spaces included?
• Is any tenant-installed equipment excluded?
• When does the current report expire?
• Can the operator confirm that the building is compliant?

 

These questions are particularly important for regulated businesses, ESG-conscious companies, public sector contractors and larger corporate occupiers.

 

A small start-up renting two desks may not ask. A corporate tenant taking 100 desks should.

Why TM44 matters for ESG and energy reporting

TM44 inspections are not only about penalties. They can also support energy efficiency, ESG reporting and operational cost control.

Flexible workspace operators often sell a professional working environment. Many now attract corporate clients who care about sustainability, energy use and building performance. A valid TM44 report helps show that the building’s air conditioning systems are being assessed, documented and reviewed.

A TM44 report may identify:

• Poor control settings.
• Inefficient operation.
• Oversized or undersized systems.
• Maintenance issues.
• Opportunities to reduce energy waste.
• Recommendations for improved controls.
• Possible system upgrades.

 

For a serviced office operator, these findings can be useful. Energy costs are often a major operating expense. If cooling is poorly controlled across meeting rooms, shared areas and out-of-hours spaces, the operator may be wasting money every month.

 

Read more here: TM44 report recommendations explained.

What happens if no one takes responsibility?

If nobody takes responsibility, the building may simply drift into non-compliance.

The risk may not appear immediately. There may be no daily warning. The AC system may continue working. Tenants may be comfortable. Maintenance visits may continue.

But the problem can surface when:

• A local authority requests evidence.
• A buyer or tenant carries out due diligence.
• A corporate occupier asks for compliance documents.
• An ESG audit reviews building energy records.
• A managing agent updates the compliance file.
• An expired report is discovered during refinancing or sale.
• An operator expands and reviews site compliance.
• When that happens, a missing or expired TM44 report can create urgency, delay and reputational discomfort.

 

If you have already received a letter or request, read our guide: TM44 enforcement letter: what to do.

Does a serviced office need one TM44 inspection or several?

It depends on the building and system arrangement.

A single inspection may be enough where the air conditioning system is assessed as one building system and the assessor has access to the relevant equipment, controls and records.

However, more complex buildings may require careful scoping. A multi-floor serviced office may include landlord plant, operator-installed units and tenant-specific systems. The assessor needs to understand what is included.

The key is not simply the number of office users. The key is the air conditioning system, its rated output, its arrangement and who controls it.

For larger portfolios, the operator may need a structured programme across multiple sites rather than a one-off inspection. If this applies, see TM44 portfolio management.

What documents are needed for a TM44 inspection quote?

To quote accurately for a serviced office or co-working space, a TM44 provider will usually need:

• Building address.
• Approximate floor area.
• Number of floors occupied.
• Type of air conditioning system.
• Asset list if available.
• Number of indoor and outdoor units.
• Approximate cooling capacity.
• Maintenance contractor details.
• Previous TM44 report if available.
• Access arrangements.
• Plant room or rooftop access details.
• Main contact person for the site.
• Details of any tenant-installed systems.

 

The more information you provide, the faster the quote process. If you do not have a complete asset list, the assessor may still be able to help, but the quote may need to allow for more time on site.

Use our quote guide here: What we need from you for a TM44 quote.

TM44 and serviced office lease wording

This is where many problems can be prevented.

A serviced office lease, management agreement or operator agreement should ideally make clear who is responsible for:

• Statutory air conditioning inspections.
• TM44 report renewal.
• Lodgement of the report.
• Access to plant and equipment.
• Maintenance records.
• Added AC units.
• Costs and service charges.
• Information sharing between landlord and operator.

 

If the document only says “the tenant is responsible for compliance” without explaining the AC system arrangement, confusion may remain.

 

A good practical approach is to separate responsibility by control. If the landlord controls the central plant, the landlord or managing agent should normally manage TM44 for that system.

 

If the operator adds and controls supplementary cooling, the operator should make sure that equipment is included or separately assessed.

 

If a tenant installs its own dedicated AC, the tenant may need to provide records.

The wording should match the physical reality of the building.

TM44 for business centres and managed offices

Business centres and managed office buildings are similar to serviced offices, but they often have longer-term occupiers and more conventional lease/licence structures.

The same principles apply. The responsible party should check whether the combined air conditioning capacity exceeds 12kW and whether a valid TM44 report exists.

Business centres often have shared reception, meeting rooms, kitchens, lifts, corridors and multi-tenant office suites. These areas may all depend on shared cooling. If the building has multiple small units, they should not be ignored simply because they are spread across the building.

For larger managed office sites, a full AC asset schedule is valuable. It helps with TM44, maintenance, budgeting and future fit-out decisions.

TM44 for flexible workspace groups with multiple branches

If an operator runs several co-working spaces across the UK, TM44 should be handled as a portfolio issue rather than a one-site admin task.

A simple portfolio tracker should include:

• Site name.
• Address.
• Landlord or freeholder.
• Operator contact.
• AC system type.
• Estimated capacity.
• TM44 required: yes, no or review needed.
• Report date.
• Expiry date.
• Renewal reminder.
• Responsible party.
• Maintenance contractor.
• Outstanding actions.

This avoids the common problem where each site manager handles compliance differently. It also helps head office understand which locations need urgent attention.

 

For multi-location businesses, see TM44 for multi-site businesses in the UK and multi-site TM44 inspections.

Does TM44 apply to small co-working spaces?

Sometimes yes, sometimes no.

A small co-working space with limited cooling may fall below the 12kW threshold. But the threshold can be reached more easily than many people think.

A few small split systems may be enough. Meeting rooms, private offices, reception areas and comms cupboards can all add to the total. If the site has several indoor units and outdoor condensers, it is worth checking the rated output properly.

Do not guess based on the size of the business. A small business can occupy a space with a qualifying AC system. A large business can occupy a naturally ventilated space with no TM44 requirement. The deciding factor is the air conditioning system.

Can a co-working operator rely on the landlord’s TM44 certificate?

Only if the landlord’s TM44 report actually covers the relevant system and is still valid.

Ask for a copy of the report and check:

• Date of inspection.
• Expiry position.
• Building address.
• System description.
• Areas covered.
• Equipment listed.
• Whether operator-installed units are included.
• Whether the report was lodged.

If the report is old, incomplete or prepared before a major fit-out, it may not be enough.

 

A landlord’s report may cover the base-building system but not additional cooling installed by the serviced office operator. Equally, an operator’s report may cover their demised areas but not the landlord’s central plant.

 

The safest approach is to review the actual installed systems and confirm what the report includes.

How TM44.uk can help serviced offices and co-working spaces

TM44.uk helps serviced office operators, co-working brands, commercial landlords, managing agents and facilities managers understand their TM44 position and arrange inspections across the UK.

We can help you:

• Check whether your site is likely to require TM44.
• Review existing reports and expiry dates.
• Identify what information is needed for a quote.
• Arrange an accredited TM44 inspection.
• Support single-site and multi-site requirements.
• Help operators prepare a clear compliance file.
• Support urgent inspections where time is limited.

If you manage a serviced office, co-working space, flexible workspace, business centre or managed office building, the best next step is to confirm whether your air conditioning system exceeds the 12kW threshold and whether a valid TM44 report is already in place.

You can get a TM44 inspection quote here.

Practical TM44 checklist for serviced offices and co-working spaces

Before publishing your site as compliant, onboarding a corporate tenant or signing a new lease, check the following:

• Do we have air conditioning?
• Is the combined rated output more than 12kW?
• Who owns the AC system?
• Who controls the AC system?
• Who maintains the AC system?
• Do we have a valid TM44 report?
• Was it lodged correctly?
• Does it cover the current layout?
• Does it include meeting rooms and shared areas?
• Does it include tenant or operator-installed units?
• When does it expire?
• Who is responsible for renewal?
• Is the report saved in the compliance file?
• Does the lease or licence agreement make responsibility clear?

If you cannot answer these questions confidently, arrange a compliance review before the issue becomes urgent.

Final word: responsibility follows control, records and contracts

In serviced offices and co-working spaces, TM44 responsibility should not be left to assumption. The party responsible is usually the one with control, contractual duty or practical access to the air conditioning system. In many buildings, that will be the landlord or managing agent. In many flexible workspaces, the operator will also have direct responsibility, especially where it has installed or manages additional cooling.

The most important point is to make the responsibility clear before a problem appears.

A valid TM44 report can help avoid compliance risk, support energy efficiency, reassure occupiers and strengthen the professionalism of a serviced office operation. For flexible workspace operators competing for serious business clients, that matters.

To move forward, gather your AC information, check your previous reports and request a quote from an accredited TM44 inspection provider.

Start here: Get a TM44 quote.