Are you aware of the penalties associated with ESOS legislation?

Are you aware of the penalties associated with ESOS legislation?

Penalties for ESOS non-compliance could cost your organisation money.

As ESOS legislation has been in effect since December 2015 with Phase 1 of the scheme and each subsequent Phase following every 4 years. A number of organisations are affected and required to assess and report on their energy use and plan energy-saving opportunities.

There are many advantages to complying with ESOS regulations, including the potential to reduce your organisation’s energy use and carbon emissions, which may lead to cost savings if the suggested recommendations are implemented.

If your ESOS submissions are accurate, they can help you towards your Net Zero goals and Carbon Reduction Plans. Having accurate ESOS submissions can also help you identify areas where you can reduce your energy consumption and carbon emissions. By implementing these reduction plans, you can work towards achieving your Net Zero goals.

It is important to note that there are sanctions for breaking the law. We have gathered further details on the fines below.

What are the penalties that can be issued?

If ESOS is not followed, a variety of penalties, including Compliance Notices, Enforcement Notices, and Civil Penalties, may be issued. A civil penalty of up to £50,000 may be imposed, in addition to a daily penalty of £500 for each day the organisation is found to be in violation from the day following the compliance date up to a maximum of 80 days.

Who will issue the penalties?

The legislation is regulated by the environmental regulator who can issue a number of different enforcements including compliance notices, enforcement notices and civil penalties.

The Environment Agency has so far issued:

  • 2751 Compliance Notices
  • 2133 Enforcement Notices
  • 83 Civil Penalties amounting to £1,217,440.

In relation to non-compliance with Phase 2.

How Can Compliance365 help you avoid penalties?

Compliance365 can help your organisation avoid being issued with penalties including providing tailored solutions for your organisation to ensure you fulfil the ESOS criteria.

Compliance365 can also help with the upcoming changes to ESOS as the government declares its intent to make changes to current ESOS legislation.  If the changes are accepted after going through the parliamentary process, they will come into force before the December 5, 2023, Phase 3 compliance deadline. You can read more here.

As well as helping you with upcoming changes to the ESOS scheme, we can help guide you through the UK’s proposed changes to Phase 4, which you can read about here.

To speak to a member of our team about ESOS or to secure your lead assessor, call 01924 669940 or e-mail for help.