What are the ESOS Enforcement Penalties?

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The penalties for failing to comply with the Energy Savings Opportunity Scheme (ESOS) are designed to encourage compliance as soon as possible.  As such, they tend to include a fixed penalty with additional penalties applied daily until compliance is achieved.

Failure to notify the Scheme Administrator:

Failure to notify the Environment Agency of compliance by the required date and/or failure to provide basic details as part of the notification may result in some or all of the penalties below:

  1. A fixed penalty of up to £5,000;
  2. An additional £500 penalty each day starting from the day after the published Compliance Date until compliance is achieved, subject to a maximum of 80 days; and / or
  3. Publication of the details of the non-compliance.

Failure to maintain adequate records to demonstrate compliance:

Failure to maintain adequate records may result in some or all of the penalties below:

  1. A fixed penalty of up to £5,000;
  2. An additional charge to cover the cost to the compliance body for undertaking sufficient auditing activity to confirm that the organisation has complied with ESOS; and / or
  3. Publication of the details of the non-compliance.

Failure to undertake an ESOS Assessment:

Failure to undertake a valid ESOS assessment (including failure to use sufficient data or to appoint a Lead Assessor etc) may result in some or all of the penalties below:

  1. A requirement to conduct a valid ESOS Assessment by a date specified by the compliance body;
  2. A fixed penalty of up to £50,000;
  3. An additional £500 penalty each day starting from the day after the published Compliance Date until compliance is achieved, subject to a maximum of 80 days; and / or
  4. Publication of the details of the non-compliance.

Failure to comply with an enforcement, compliance or penalty notice:

Failure to comply with an enforcement, compliance or penalty notice may result in some or all of the further penalties below in addition to any previous penalty:

  1. A fixed penalty of up to £5,000;
  2. An additional £500 penalty each day starting from the day after the notified Compliance Date until compliance is achieved, subject to a maximum of 80 days; and / or
  3. Publication of the details of the non-compliance.
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