commercialhvacuk
Get a Quote

HVAC maintenance contracts: 15 clauses to check before you sign

Updated 23 October 2026 · SEO Dons Editorial

What are the 15 clauses?

These are questions for each bidder and for checking the draft contract, not a template or legal advice. CIBSE's Guide M (third edition, 2023) has a part on maintenance contracts, and CIBSE Journal reports its reminder that awarding on lowest price alone often does not provide value for money.

#ClauseWhat to look forWhy it matters
1Scope by asset registerA numbered list of every item covered: make, model, location, refrigerant and charge, rated outputSFG20's software works from an imported asset register, the F-gas band depends on the amount and type of gas, and the 12 kW threshold depends on rated output
2SFG20 schedules and criticalityThe schedule applied to each asset, shown as a task list with criticality markedSFG20 schedules set out what is maintained, how often and by whom, and its software can share task lists with third parties
3Visit frequencyVisits per asset per year, and the reason for any interval that departs from the manufacturer's or schedule's baselineHSE says to maintain mechanical ventilation in line with manufacturers' instructions
4F-gas leak checks and recordsThe leak-check band of each system, who carries out the checks, who keeps the log, and the contractor's certificate numberChecks must be by certified people, and the company must be certified (see below)
5Response timesStated by priority as targets to aim for, or as obligations with a stated remedy if missedThe contract should say which, because the two carry different weight
6Parts and refrigerantWhat is in the price, what is a priced extra, the approval limit for repairs, and refrigerant added only with a recorded leak search and repairOperators must have detected leaks repaired without undue delay
7ConsumablesFilters, belts, lubricants and cleaning chemicals: included or chargedCIBSE Journal lists consumables as a separate maintenance cost category
8Out-of-hours and accessHow out-of-hours attendance, permits and access equipment are chargedCIBSE Journal says access arrangements and hours of working constraints should be taken into account in maintenance costs
9ReportingA report after each visit with readings, faults, work done and actions, and the recorded capacity of each systemGOV.UK says a contractor should know a system's capacity and report it in the maintenance records
10Condition dataWhether building management system or remote monitoring data is kept, who owns it, and whether it can be exportedGOV.UK says BMS data may need extracting for an inspection, and Guide M covers using controls for maintenance
11Warranty complianceThe manufacturers' warranty conditions read and mapped to tasks and recordsWarranty terms can add conditions beyond the manual, so read them against HSE's baseline of maintaining in line with manufacturers' instructions
12SubcontractingWho does the work on site, with certificates for any subcontractor touching refrigerantAny company servicing equipment operated by others must be F-gas certified
13Price reviewWhich published index or formula applies, how often, and on what noticeIt moves the price during the term, so it needs a written basis
14Term and exitInitial term, renewal method, notice periods, and termination if statutory visits are missedExit terms decide how easily the owner can change contractor
15Handover of records at the endAsset register, service history, F-gas log, inspection reports and operating documents in a usable formatRecords have retention periods and move with the system (see below)

Clause 4. GOV.UK says the company must be certified by an approved body to service stationary equipment containing F gas operated by others, that certification is renewed every 3 years, and that an individual needs personal qualifications too. The F-gas Regulation says leak checks on air conditioning must be carried out by certified natural persons. The guide to checking an F-gas certificate shows how to verify one.

Clause 6. The Regulation says operators must take all measures which are technically and economically feasible to minimise leakage, and that detected leaks must be repaired without undue delay. GOV.UK adds that you are breaking the law if you do not fix leaks. A line item for refrigerant top-ups without a leak repair is therefore a red flag, not a service.

Clauses 4 and 15. Records are the part that outlives the contract. GOV.UK sets a 5-year retention for F-gas records and expects operators to hold the certificate details of every company used, and the energy inspection report has to be kept and passed to a new owner or manager. Ask for the handover list to name each of these.

Clause 12. For water-side plant, HSE says using contractors does not move the competent person's responsibility, and asks whether contractors' roles are defined in writing and their competence checked.

Who is responsible when the contractor is named?

Responsibility for the energy inspection does not move automatically. In England and Wales, for systems above 12 kW, the regulations require an energy assessor to inspect the system at intervals not exceeding five years, and GOV.UK says a contract may specify the servicing company as controller, though the landlord or occupier keeps a parallel duty. Ask whether the inspection is in or out of the contract, and who diarises it. The TM44 guide covers the duty.

What are the red flags?

  • A "service" with no task list. SFG20 describes a schedule as a structured task list defining what needs maintaining, how often and by whom. A price with no list per asset cannot be checked.
  • Refrigerant top-ups billed with no leak repair. See clause 6.
  • Statutory items listed as optional extras. Leak checks and records are duties, not options.
  • Records held only by the contractor. Owners keep F-gas records too, so the contract needs access rights and an end handover.

What changes when a landlord recharges the cost?

Where maintenance is recharged to tenants, the RICS professional standard on service charges in commercial property (second edition) gives guidance on negotiating, drafting, interpreting and operating leases. Whether a cost can be recharged is a question for the lease and a property professional.

How do you use the checklist?

  1. Prepare the asset register first, so every bidder prices the same plant.
  2. Send the 15 questions with it and ask for written answers.
  3. Compare answers clause by clause, not only the headline price. How a price is built from unit visits is on the air conditioning servicing cost page.
  4. Check visit contents against the PPM schedule guide and, for chillers, the chiller maintenance guide.

At the start of a contract, CIBSE Journal reports that Guide M lists items to agree, including site familiarisation, access procedures and codes, helpdesk processes and contacts, and emergency call-out contacts. The wider picture is on the maintenance and PPM page. Readers who want quotes against their own plant list can send an enquiry through the site's form.

Sources

Common questions

Does the contract have to follow SFG20?

SFG20 is described by its publisher as the industry standard for building maintenance specification, created by BESA. HSE points first to manufacturers' instructions and CIBSE points to SFG20 where there is no supplier information, so a contract can cite either, but it should say which tasks and intervals apply to which asset.

Who keeps the F-gas records, the contractor or the owner?

Both have duties. GOV.UK says records must be kept for 5 years by those who operate or service the equipment, and an operator keeps the name, address and certificate number of each company used. The contract should state who holds the log day to day and that the owner can see it.

Does a maintenance contract cover the TM44 inspection?

Only if it says so. The inspection is carried out by an energy assessor, and GOV.UK says it is in addition to the standard activities of owning and operating a system. A contract may name the servicing company as controller, but the landlord or occupier keeps a parallel duty.

Can a landlord recharge the cost of a maintenance contract to tenants?

That depends on the lease. The RICS standard on service charges in commercial property gives guidance on negotiating, drafting, interpreting and operating leases. Check the lease terms against the contract scope with a property professional before assuming costs can be recharged.

Ask for commercial HVAC quotes

SEO Dons Ltd publishes this site and replies to every enquiry by email. It does not install, service or maintain HVAC.

Get a quote
Get a quote