The installation of certain domestic equipment is subject to a strict legal framework, especially when it involves substances with an environmental impact. This is the case of split-type air conditioning units, which use fluorinated greenhouse gases and whose marketing and installation comply with specific rules defined at European and national level.
Rules for sale and installation
According to the , non-hermetically sealed equipment that contains fluorinated gases, such as split appliances, may only be sold to the end user upon proof that the installation will be carried out by a duly certified company.
In parallel, article 13, § 6, of Decree-Law No. 145/2017 establishes that the installation of this type of equipment can only be ensured by certified companies, without prejudice to the obligation for the technicians responsible for the interventions to also have appropriate certification.
Registration obligations on the part of the seller
The Regulation also determines that companies that sell this equipment maintain, for a minimum period of five years, records relating to the equipment sold and the certified company responsible for the installation, and these elements must be made available to the competent authority whenever requested.
In Portugal, article 7 of Decree-Law No. 145/2017 specifies that these records must include at least the tax identification number and the name of the certified company carrying out the installation, the respective certificate number, as well as the brand, model and serial number of the equipment.
Environmental offenses
Failure to comply with these obligations may constitute an environmental infraction, punishable under the terms of Law No. 50/2006.
The applicable fines vary depending on the severity of the infraction and the degree of guilt, and may, in cases considered very serious, be increased by up to double when dangerous substances with significant environmental impact are involved.
Good practices to avoid legal problems
To prevent situations of default, it is recommended to use a certified company for the installation and confirm that the technicians involved are properly qualified. All documentation relating to purchase, installation and certification must also be maintained for a minimum period of five years.
It is also important to meet any municipal requirements applicable to the placement of external units on facades, as well as standards relating to noise and neighborhood coexistence. Whenever the installation changes the architectural line or the aesthetic aspect of the facade, a favorable decision from the condominium must be obtained.
Environmental framework
This set of rules is part of the European strategy to reduce greenhouse gas emissions associated with fluorinated gases, strengthening supervision and promoting more responsible practices in the sector.
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