What are the ESOS Enforcement Penalties?

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What are the ESOS Enforcement Penalties?

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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