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ESOS Penalties

What are the ESOS penalties?

The scheme compliance bodies have the authority to apply civil penalties against any organisation/group found to be non-compliant with its requirements.

For all non-compliances, the compliance bodies will have the power to publish information regarding non-compliance on their website making this information available to the public. The relevant non-compliances and their penalties are as follows::
Failure to notify the Scheme Administrator:

  • A fixed penalty of up to £5,000; and/or
  • An additional £500 for each da y starting on the day after the date of compliance until the notification is completed, subject to a maximum of 80 days; and/or publication of details of non-compliance by the compliance bodies.

Failure to maintain adequate records to demonstrate compliance with ESOS:

  • A fixed penalty of up to £5,000; and/or
  • The cost to the compliance body for undertaking sufficient auditing activity to confirm that an organisation has complied with ESOS; and/or publication of details of non-compliance.

Failure to undertake an ESOS Assessment: there will be a discretionary penalty allowing the compliance body to require the participant to take a number of steps toward compliance and a fixed monetary penalty. Failure to comply with any aspect of an ESOS Assessment (not using sufficient data, not using a Lead Assessor etc.) would be considered failure to comply. Where non-compliance is explained under 'comply or explain' provisions then the compliance body will consider whether the justification given is reasonable before determining whether to impose a penalty.

The penalty for non-compliance is:

  • A requirement to conduct an ESOS Assessment by a date specified by the compliance body; and/or
  • A penalty of up to £50,000; and/or
  • An additional £500 per day penalty for each day starting on the day after the compliance date that the organisation remains non-compliant, subject to a maximum of 80 days; and/or publication of details of non-compliance.

Failure to comply with an enforcement, compliance or penalty notice: will incur a fixed penalty and an additional penalty for each day of non-compliance. This in order to encourage compliance as soon as possible. The penalties are:

  • A fixed penalty of up to £5,000; and/or
  • An additional £500 for each day starting on the day after the date of compliance until the notification is completed, subject to a maximum of 80 days; and/or publication of details of non-compliance.

For making a statement which is false and misleading there will be a monetary penalty that is flexible enough to take account of the nature of the misdemeanour's and large enough that it can act as a deterrent to this offence. The penalty is:

  • A monetary penalty of up to £50,000; and/ or publication of details of non-compliance.

The compliance bodies will be able to pursue corrective action and will also have the power to reduce and waive penalties after issuing them to participants.

Source: DECC 'Guide to ESOS, 2014'

Participants in ESOS must have a Lead Assessor to undertake various roles in relation to their ESOS Assessment. The exception to this is where a participant has an ISO50001 certified Energy Management System on the compliance date.

How we can help

001 Limited are currently working with a number of clients to determine strategies suitable for their requirements. Either minimise the cost of compliance, measure their energy usage, and leverage ESOS to further increase energy savings across organisations. For more details, please contact us direct

We can help to avoid the penalties. Talk to us now.


































 
Need more information? Then talk to us, we're always happy to help.