Answering common questions

missing the ESOS deadline

Missing the ESOS deadline – what are the penalties?

Missing the ESOS deadline will potentially incur harsh fines.

Any business or organisation who qualify to participate in ESOS but fail to do so will incur a fixed penalty of up to £50,000; 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 on the Environment Agency website within the public domain.

There are also a series of similar penalties that can be levied on businesses missing the ESOS deadline, who either fail to notify the Environment Agency of their compliance by the required date, and for failing to maintain adequate records to demonstrate compliance with ESOS.

Failure to comply does not only mean ignoring the requirement to undertake an audit.

If a business starts an audit but does not use a Lead Assessor (as stipulated under the regulations) or does not provide full disclosure of the information required to complete the audit, then this will be considered as a failure to comply and penalties will be incurred.

Likewise, if any statements are made within the audit which are found to be false or misleading then penalties and a public “naming and shaming” will follow.

If you are concerned about potentially missing the ESOS deadline, help is at hand. Contact us now for an intial chat.