Information

Response to this request is long overdue. By law, under all circumstances, Flitwick Town Council should have responded by now (details). You can complain by requesting an internal review.

Dear Flitwick Town Council,

This request follows legal and mandatory legislation under the European Performance of Buildings Directive and specifically TM44 Air Conditioning Assessments certification. Your Air Conditioning Assessments Certificates should be readily available at all times and be lodged on the government Landmark database. Failure to have appropriate Certificates will be subject to fines of £300 per building, each week.

Q. It is a legal requirement that you hold valid TM44 Air Conditioning Assessments if any building has a total of more than 12kw of air conditioning present. Certificates are valid from 5 years of the issue date. Have you undertaken a TM44 Air Conditioning Assessments?
Q. Who is the responsible person for ensuring that your buildings are surveyed and assessed, please provide the name, address, email address and telephone number of the responsible person.
Q. If your TM44 Air Conditioning Assessments Certificates are in place, what is their expiry date?
Q. What was the order value of the works placed with the Company which undertook the work?
Q. Provide a breakdown of the price per building if available.
Q. How many Certificates were produced?
Q. Was the Assessor independent as required under the Regulations?
Q. Name the Assessor organisation.

Yours faithfully,

Ryan Evans

Steve Wright left an annotation ()

A search for "TM44" on WhatDoTheyKnow shows almost 1,000 similar requests have been submitted to schools, colleges, prisons, councils, etc. The various requesters (who all seem to share the same grammatical errors in their English) are quite aggressive in their responses to anyone who does not meet their request.

They claim to be undertaking "Departmental Research on compliance", but if so there is a fatal flaw in this - i.e. they ask if you have the certificates, to which you can answer "No", but as they do not ask if you actually need a certificate, the "No" answer could either mean you have not complied, or you don't need to comply.

Also, the statement that those who are non-compliant “will” be subject to a “fine of £300 a week per building" is pure nonsense and unnecessarily threatening. If convicted you "may" be liable for a fine of up to £300, but no-one is going to be taken to court every single week for the same offence.

Interestingly there is a firm based in Skelmersdale which does air conditioning surveys, and which makes a similarly misleading statement on its website.