ESOS Phase 3: Act quickly to achieve compliance

The official 5^th June deadline for the Energy Savings Opportunity Scheme (ESOS) has passed, but at the last count, only 4,500 of the estimated 11,900 organisations in scope had submitted their notification of compliance.

In recognition of the delays in getting the ESOS portal operational, the Environment Agency indicated that they would not take action against organisations that notified compliance by 6^th August. In their latest newsletter they have confirmed that there will be no further relaxation of deadlines and penalties will be applied after that date.

Concept is supporting organisations with late ESOS submissions, and we may be able to help you minimise the penalty cost.

Enforcement position

Briefly, the Environment Agency’s enforcement position is that a fine of up to £5000 is payable for failure to notify compliance by the deadline, with a daily penalty thereafter of £500. Failure to complete energy audits can attract penalties of up to £50,000 plus daily increments. There are also other penalties around non-compliance that may come into play, depending on the circumstances.

The Environment Agency publishes a list of non-compliant companies where penalties have been imposed, so there is a reputational risk as well as a financial one.

Procedure for imposing ESOS penalties

If your organisation is deemed to be non-compliant and is served a penalty notice, you will have a chance to make representations before it is imposed. The EA will take this into account before determining the final penalty.

Advice and support

Concept’s consultants include qualified ESOS lead assessors, and we are helping organisations achieve compliance – in some cases going beyond the 6^th August deadline, but aiming for compliance as soon as possible to minimise the exposure to penalty.

If you are struggling to meet the deadline, we may be able to help. Get in touch today.