ESOS non-compliance can lead to enforcement notices, financial penalties and publication of the offending organisation’s details. The maximum penalty depends on the type of breach.
- Failure to notify compliance: up to £5,000, plus up to £500 for each working day the organisation remains in breach after the penalty notice is served, for a maximum of 80 working days.
- Failure to maintain adequate records: up to £5,000, plus the regulator’s costs of carrying out enough auditing work to confirm compliance. The regulator can also require the organisation to take steps to correct the breach.
- Failure to undertake a compliant energy audit: up to £50,000, plus up to £500 for each working day the breach continues after a compliance notice is served, for a maximum of 80 working days.
- Failure to comply with a compliance, enforcement or penalty notice: up to £5,000, plus up to £500 for each working day the organisation remains in breach, for a maximum of 80 working days.
- Providing false or misleading information: up to £50,000.
A regulator can also impose a publication penalty. This can include publishing the organisation’s name, details of the breach and the amount of any financial penalty imposed.
Regulators do not currently issue a financial penalty solely for failing to submit an ESOS Action Plan or Progress Update. However, the failure to submit can still be published by the Scheme Administrator.
