Fine for failure to maintain the boiler: responsibilities and amounts

The implementation of the provisions of Presidential Decree 74/2013, which regulates the control and maintenance functions of heating systems for the winter and summer air conditioning of buildings, has made the repair of boilers imperative for everyone. The need to examine and monitor the condition of heating systems aims to prevent possible accidents related to malfunctions and natural aging of the systems, with the clear aim of improving energy efficiency.

If the mandatory checks provided for by law are not carried out, there is a risk that rather severe administrative penalties will be imposed. Its quantity fine for failing to inspect the boiler it can range from a minimum of 500 euros to a maximum of 3000 euros. Let’s look, in particular, at what the legislation says about factory inspections, how the inspections are carried out to establish that the inspection has taken place and who is required to pay any fines.

The obligation to repair the boiler

There general boiler repair includes a series of diagnostic tests that allow a detailed assessment of the general condition of the system, verifying the correct operation of its components. This periodic operation is necessary for ensure safety of the equipment and prevent the risk of malfunctions or failures. The “check-up” of the heating systems includes two basic interventions:

  • routine maintenance: it includes a thorough check of the boiler’s operating parameters and settings, followed by a thorough cleaning of the system. During this operation, the parts of the boiler that are most subject to wear due to intensive and repeated use of the device are examined.
  • smoke control: aims to evaluate the safety and energy efficiency of the system by analyzing the combustion of fumes. This type of control allows you to determine the boiler draft values, the burner setting and the temperature of the combustion fumes, also measuring pollution levels.

According to Presidential Decree 74/2013, Exhaust gas inspection is mandatory and therefore, in some cases, it is possible to impose a fine for failure to maintain the boiler. The frequency with which it is necessary to carry out this check is no longer annual, but depends mainly on the type of system and the thermal power of each appliance. Inspection information is usually placed in the instruction booklet.

However, there is no real annual obligation for the regular maintenance of the boiler. However, it is advisable to follow the instructions of the technician responsible for installing the boiler, who should have set the optimal times to carry out the necessary checks. In the absence of information from the installer, you can refer to the use and maintenance manual provided by the manufacturer or follow the times specified by the UNI (Italian Standardization Body) and CEI (Italian Electrotechnical Commission) guidelines.

What happens if the boiler is not serviced?

Boiler repair must be carried out exclusively by authorized technicians who, in addition to carrying out the control itself, are responsible for providing the person in charge with the necessary documents to certify the correct operation and legal compliance of the device. The mandatory certification of controls includes the note of the review carried out by the technician in the so-called boiler brochure. In addition, the maintenance technician draws up a technical report and attaches the sticker that certifies the device’s compliance. Specifically, it includes:

  • blue sticker for systems with a power of less than 35 kW.
  • green dot for boilers with power from 35 to 350 kW.

In the absence of a proper inspection, owners may be subject to certain penalties regulated by the Legislative Decree 192/2005.

Type of Sanction

Minimum amount (€)

Maximum amount (€)

Failure to repair the boiler (N.D. 192/2005)

500

3,000

Missing system book

500

600

Inspection charges / charges for maintenance not previously performed

50

200

As can be seen from the table, the risk of being fined for failure to maintain the boiler also occurs when the owner or tenant of the property does not have the system booklet. In addition, it is possible that the administrator will be forced to bear the costs of repairing the lack of maintenance of the boiler in previous years and to carry out the revisions that were not carried out.

In this regard, it is necessary to know that the fine associated with the repair of the boiler is retroactive or rather, failure to perform mandatory system maintenance and any irregularities in the technical manual may lead to the imposition of penalties that provide for non-performance of old revisions. But what exactly does that mean?

The retroactivity of fines for failure to service the boiler implies that It is not enough just to carry out the last review to be exempt from sanctions. Documentation of all previous revisions must be available. Otherwise, fines will be imposed for any boiler maintenance missed in previous years. Exclude only for revisions before the most recent 5 years since the relevant sanctions are deemed to have expired. This scenario could involve the payment of significant sums and, for this reason, it is necessary to carefully observe the applicable regulations.

Finally, it is worth emphasizing that the omission of said controls not only entails the possibility of administrative sanctions, but exposes it to significant risks such as e.g. gas leaks, fires, short circuits and possible boiler explosions.

Who checks if I have carried out maintenance on the boiler?

The boiler installer must send to Cadastre of Heating Systems (CIT) the updated information in the brochure during revision. However, checking the revision is his responsibility individual areas which based on inspection plans carry out periodic checks through campaigns sample checks.

These checks are aimed in particular at those who are not up to date with the payment of the blue sticker or have not provided data on the outcome of the heating system fumes control.

Who pays the fine for failing to inspect the boiler?

When it comes to penalties for failure to inspect the boiler, it is necessary to determine the responsibilities for checks on the systems. The general rule is that the Responsible for maintenance is obliged to pay the fine for failure to maintain the boiler and, in most cases, it is the owner of the house himself.

However, in the context of a rental property, it is critical to understand whether the burden of carrying out mandatory inspections lies with the tenant or the landlord. Well, theart. 1576 cm regulates the allocation of costs between the lessor and the lessee, specifying that:

  • The owner is required to carry out all necessary repairs during the rental period to ensure that the tenant can use the goods placed at his disposal. For example, the owner is responsible forboiler replacement or its components if ineffective due to the obsolete operation of the system or wear and tear of its parts;
  • LARGE’tenant, unless otherwise agreed, must bear all costs associated with “minor” maintenance and upkeep of the goods provided by the Homeowner. Therefore, if the tenant does not maintain the boiler and, in particular, does not take care of the regular and smoke-related checks, the consequences are within his responsibility.

Finally, in the case of a property with a central heating system, the responsibility for maintenance is assigned to the condominium manager.

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