A periodic energy efficiency assessment is a statutory obligation of the building owner or manager, arising from art. 23 of the Polish Act of 29 August 2014 on the energy performance of buildings. For air-conditioning systems with a cooling capacity above 12 kW, and combined air-conditioning and ventilation systems above 70 kW, the inspection must be carried out at least once every 5 years. Failure to comply is punishable by a fine and, importantly for companies, the person acting on behalf of the business is liable as well.
We carry out inspections and issue protocols for industrial facilities, cold stores and production plants in Poland, working from our base in Katowice. This includes foreign-owned plants whose head office needs the compliance documented in English.
Who is affected and how often
The thresholds follow directly from art. 23(1) of the Act. What matters is the nominal capacity of the equipment, not floor area or headcount.
| System | Capacity threshold | Frequency |
|---|---|---|
| Air-conditioning system (accessible parts) | > 12 kW cooling capacity | at least once every 5 years |
| Combined air-conditioning and ventilation system | > 70 kW total cooling capacity | at least once every 5 years |
| Boilers | 20–100 kW heat output | at least once every 5 years |
| Liquid or solid fuel boilers | > 100 kW | at least once every 2 years |
| Gas-fired boilers | > 100 kW | at least once every 4 years |
| Other heat sources, heating systems or combined heating and ventilation systems | > 70 kW total heat output | at least once every 3 years |
The 12 kW threshold for air conditioning is low: a single unit serving a mid-size server room or office building already exceeds it. In practice, nearly every production plant is affected.
What the inspection covers
The scope is defined by art. 23(2) and 23(4). An air-conditioning system inspection assesses three things:
- System efficiency: whether the equipment still performs close to its design parameters or has drifted.
- Sizing against the building's cooling demand: whether the capacity is oversized or undersized relative to the real load.
- Ability to optimise operation under typical operating conditions: whether the system can match its output to varying demand or only runs on/off.
The Act provides a simplification: the sizing assessment is not repeated if neither the system nor the building's energy performance has changed since the previous inspection (art. 23(3) and 23(5)). Subsequent inspections are therefore narrower and cheaper.
Who may carry out the inspection
This is not a service any maintenance contractor can provide. The inspection may only be carried out by a person who meets the requirements of art. 24 of the Act and is listed in the register kept within the central register of energy performance of buildings (art. 31(1)(2)). Our engineers hold the required entry, and the inspection can be combined with a regular service visit under one contract.
The consequence is twofold. A protocol drawn up by a person who is not listed does not meet the statutory requirement: the obligation remains unfulfilled despite the cost incurred. The person who carries out such an inspection is also liable to a fine (art. 41(1)(6)).
Before you commission an inspection, ask the contractor for their register entry number and check it in the central register. It takes a minute and protects you from a cost you would otherwise have to pay twice.
Penalties for not carrying out the inspection
Art. 41(1)(5) of the Act provides for a fine for failing to meet the obligation under art. 23(1). Cases are decided under the Polish Code of Procedure for Petty Offences.
For companies the key provision is paragraph 2 of the same article: the same penalty applies to the person acting on behalf of a legal entity. Liability does not stop at the company; it extends to the specific facility manager or head of maintenance.
When building automation exempts you from inspections
Art. 23(6)(2) provides an exemption for non-residential buildings equipped with building automation and control systems which jointly provide:
- continuous monitoring, recording, analysis and adjustment of energy use,
- benchmarking of the building's energy efficiency, detection of efficiency losses in heating, ventilation, air conditioning, domestic hot water, lighting and controls, and informing the owner about improvement options,
- communication and interoperability with the connected systems.
This is a genuine economic alternative. A BMS that meets these requirements not only removes the obligation of cyclical inspections, but also lowers the energy bill through continuous optimisation: it does permanently what the inspection only diagnoses. The exemption also covers buildings under an energy efficiency improvement contract within the meaning of art. 7 of the Energy Efficiency Act (art. 23(6)(3)).
Please note: the factory controller of an air handling unit is not enough on its own. Benchmarking and detection of efficiency losses are required, and only a supervisory system provides them.
What you get from us
- A protocol compliant with the Act: drawn up and delivered in the form required by art. 28, ready to show during an inspection by the authorities.
- Real measurements, not a reading of the rating plate: system operating parameters, cooling efficiency, load analysis.
- Savings potential identified, with an estimate of cost and payback time: the part that usually pays for the inspection itself.
- Practical recommendations: what to modernise first and what can safely be refined by regular service.
We are an engineering company, not an audit office. After the inspection we can deliver what we recommend: from modernisation of the refrigeration system to the implementation of building automation.
Frequently asked questions
Above what air-conditioning capacity is the inspection mandatory?
Above 12 kW nominal cooling capacity for the accessible parts of an air-conditioning system, and above 70 kW total cooling capacity for a combined air-conditioning and ventilation system. In both cases at least once every 5 years.
Who is responsible for the inspection: the owner or the tenant?
The Act points to the building owner or manager. In leased industrial halls, check how the lease allocates the duty: in practice it is often passed to the tenant, which does not change the fact that the entity named in the Act is liable towards the authority.
How much does the energy efficiency assessment cost?
It depends on the number and capacity of units, and on whether a full sizing assessment is required or only the narrower inspection (when nothing has changed since the previous one). We prepare a quotation free of charge on receiving the equipment list with capacities.
Does the protocol have to be filed anywhere?
Inspection protocols are entered into the central register of energy performance of buildings. The person carrying out the inspection must draw up the document in accordance with art. 28 of the Act.
We have a BMS. Are we automatically exempt?
Not automatically. The exemption applies only when the system performs all functions listed in art. 23(6)(2), including efficiency benchmarking and loss detection. We can verify whether your existing installation qualifies and show what is missing.
What if we have missed the deadline?
The obligation does not lapse: the inspection should be carried out as soon as possible. A late inspection costs far less than a fine and, above all, closes the risk for the person responsible for the facility.
Does the obligation cover chillers and process refrigeration?
It depends on what the installation serves. A chiller supplying air conditioning of the accessible parts of a building counts towards the 12 kW cooling capacity threshold and is subject to the art. 23 inspection. Process refrigeration (cooling of machines, injection moulds, cold rooms or production processes) is not an air-conditioning system within the meaning of the Act and is not subject to this inspection. That does not mean there are no obligations: equipment containing fluorinated gases requires leak checks every 12 months from 5 tonnes of CO2 equivalent, every 6 months from 50 tonnes and every 3 months from 500 tonnes, and the operator keeps an equipment record in the Polish Central Register of Operators (CRO). If it is unclear which category a given chiller belongs to, the starting point is the system diagram and the list of cooling consumers.
How often do boilers need an energy efficiency assessment?
Boilers have their own, shorter cycles than air conditioning, and this is the most common source of confusion in plants that have both a boiler house and refrigeration. The Act on the energy performance of buildings sets four different frequencies: boilers with a heat output of 20–100 kW at least once every 5 years; liquid or solid fuel boilers above 100 kW once every 2 years; gas-fired boilers above 100 kW once every 4 years; other heat sources, heating systems or combined heating and ventilation systems above 70 kW total heat output once every 3 years.
The boiler obligation is independent of the air-conditioning obligation: a plant with a 250 kW gas boiler house and an air-conditioning system above 12 kW runs two separate inspection cycles, with two separate protocols and two deadlines. Completing one does not exempt you from the other, and the penalty under art. 41(1)(5) applies to each of them separately.
One practical note on the scope of our work: we carry out inspections on the cooling and air-conditioning side, meaning air-conditioning systems and combined air-conditioning and ventilation systems. If you need a protocol for a boiler house, ask the contractor for their register entry number in the central register of energy performance of buildings and check it before placing the order; the same art. 24 requirement applies to both types of inspection.
How does an energy efficiency assessment differ from an energy performance certificate?
They are two different documents arising from the same Act. An energy performance certificate describes the building as a whole, is prepared on sale or lease and is valid for 10 years. The energy efficiency assessment under art. 23 concerns a specific installation (an air-conditioning system or a heat source), is repeated every 2–5 years and ends with an inspection protocol. The certificate does not exempt you from the inspection, and the inspection protocol does not replace the certificate. A production plant usually needs both, at different times. Clima Line does not prepare energy performance certificates; we carry out the inspections of air-conditioning systems.
Commission an inspection or check whether it applies to you
Send us the list of your air-conditioning and heating equipment with nominal capacities. We will confirm which units are covered by the obligation, by what deadline, and what the inspection will cost. Contact us or call +48 32 450 56 66.
Legal basis: Act of 29 August 2014 on the energy performance of buildings (Journal of Laws 2024, item 101, consolidated text), art. 23, 24, 28, 31 and 41. Legal status: July 2026. This material is for information only and does not constitute legal advice.