Standards & safety
Brazilian Senate Advances Right-to-Repair Bill: What It Means for Independent HVAC-R Service
A Brazilian Senate committee approved PL 805/2024 on November 4, requiring manufacturers to provide independent repair shops with parts, tools, and technical documentation. For HVAC-R professionals, this could remove restrictions on diagnosis and repair outside authorized service networks. The bill has not yet become law: without an appeal, it will move to the Chamber of Deputies.
Legislative Status
On November 4, the Senate Committee on Transparency, Governance, Oversight, and Consumer Protection approved bill PL 805/2024. The vote was final (terminativa); however, from November 6 to 12, the period for filing an appeal to the Plenary is open. Without an appeal, the text is forwarded to the Chamber of Deputies. As of publication, the changes have not taken effect. The deadline for filing an appeal to the Senate Plenary expires on November 12, 2026. If the law is passed and signed in its current form, it will enter into force 180 days after publication.
Key Provisions for the Industry
The bill amends the Consumer Protection Code and targets the artificial reduction of product lifespan. Key provisions for HVAC-R:
- Access to repair resources. Legally registered service organizations gain the right to tools, spare parts, and documentation without being tied to accreditation or exclusive agreements with the manufacturer.
- Prohibition on equipment lockout. Software and hardware restrictions that reduce a unit's functionality due to the use of used parts or components purchased outside the official supply chain are prohibited. This includes so-called "part pairing" (pareamento de peças), where software ties a component to a specific device and restricts replacement. At the same time, the technician is required to verify compatibility and safety.
- Warranty. A manufacturer may not refuse warranty service solely because independent repair was previously performed, except in cases of proven and irreparable quality or safety violations. The law simultaneously requires informing the consumer of possible consequences of third-party intervention on the warranty. Automatic preservation of the factory warranty for any external service is not provided for.
- Parts and tools supply period. The minimum period is 5 years from the date the product is placed on the market. A subordinate legal act may extend this period up to 20 years depending on the equipment category. A maximum period is not automatically guaranteed for all air conditioning and refrigeration units.
- Digital platform. The creation of a digital platform for repair requests and registration of independent workshops is provided for.
- Fines. For non-compliance with the requirements — from 10,000 to 50,000,000 reais.
Practical Consequences for the Specialist
A typical scenario: a technician needs to replace an electronic board in a split system, but the part and service documentation are available only through the authorized network. If PL 805/2024 becomes law, a legally registered workshop will be able to access parts, tools, and technical information without membership in the authorized network, in accordance with the rules of the new law.
To prepare for possible changes, HVAC-R professionals may invest in electronic diagnostics, working with technical documentation, and maintaining records of completed work with identification of parts used. Expanded access to repair may open new opportunities, but it does not guarantee an increase in revenue or the volume of service contracts.
The technician retains responsibility for safety, parts compatibility, and the quality of work performed.
Source: Revista do Frio.
ORIGINAL SOURCE
Revista do Frio ↗Visit the original source for additional details.
