Is your organisation still risking ESOS non-compliance?

A recent announcement from the Environment Agency has confirmed that thousands of companies are yet to submit their ESOS compliance notice, including those entering an intent to comply.

The EA have been very clear from the outset about the enforcement policies and penalties at their disposal for non-compliant organisations:

'…the maximum penalty for failing to undertake an energy audit ahead of the compliance deadline is up to £50,000 and up to £500 for each working day the responsible undertaking remains in breach of the mandatory scheme, for a maximum of 80 working days.'

This could add up to a significant penalty of £90,000, however in the short term a pragmatic approach is more likely to be taken to allow the maximum number of companies to comply and avoid legal proceedings.

How to mitigate your non-compliance status

If your organisation is one of the many thousands who are still non-compliant, the required action to mitigate your non-compliance status is simple - demonstrate that your contingency measures are underway by arranging a free ESOS health check for your company as soon as possible.

Until 29 February 2016 we are offering a free ESOS compliance health check for companies who have missed the deadline. To check availability and book a meeting please contact info@ecosurety.com or call one of our ESOS account management team on 0845 094 2228 now.

Our three steps to ESOS success

  1. Engage your directors from the outset
    As decision makers who are ultimately accountable for compliance affecting your organisation, the directors need to understand the process and consequences of ESOS. Using an executive summary style approach and cost calculators we are able to make this subject matter quickly digestible.
  1. Find an industry specific Lead Assessor
    You need someone you are comfortable opening up your business to – the Lead Assessor is key to the success of your ESOS project after all – so pick the right one and you’ll be on budget, on time, and on your way to becoming an energy champion for your business.

    A good assessor should be available for subsequent support should you wish to adopt their recommendations, so it doesn’t have to be a one-off task. We select one to suit your business so that you don’t have to do the searching.

  2. Map out the process with a project guide
    There are two important reasons to have a project plan; to understand what is required across your business and also to demonstrate to the regulator that although you are late there is a clear plan with an assessor appointed and an audit schedule in place. This definitive end point is reassuring for all involved.

New compliance landscape

Credit is due to those organisations who have tackled this new legislative approach to energy analysis head on, connecting with Lead Assessors who have guided them across this new compliance landscape. The high level of engagement from the Environment Agency with stakeholders and businesses must also be commended - it was one year ago when the EA roadshows started popping up around the country, and those we attended were full and with plenty of challenging questions.

This fresh service style approach by the regulator is a great step forwards and it is important to recognise the amount of time and work needed to publicise, engage with stakeholders and trade groups, and make personal appearances to give the new regime a face.

Free ESOS health check – book yours now

Members of ecosurety have benefited from significant support as part of our ESOS service offering. Not only is there a dedicated account manager, backed up by in-house technical team, but we partner with a variety of different Lead Assessors, spread across many industry sectors, offering all kinds of expertise in energy management and compliance. This unique resource selection allows a bespoke setup for each energy service we provide, so that client needs and best value are always achieved.

To check availability and book a meeting please contact info@ecosurety.com or call one of our ESOS account management team on 0845 094 2228

Robbie Staniforth

Innovation and Policy Director

Robbie is innovation and policy director at Ecosurety. Having spent years building an intimate understanding of the industry’s policies and politics, he uses this knowledge to help shape new legislation and oversees Ecosurety’s growing portfolio of cross-industry innovation projects including Podback and the Flexible Plastic Fund. He has worked closely with Defra during the most recent packaging consultations, outlining the impacts and required transitional arrangements of the UK’s new EPR system and is a member of the government’s Advisory Committee on Packaging (ACP). He is also a spokesperson for the company and regularly uses his influence to communicate the importance of environmental responsibility to external stakeholders.

Written by Robbie Staniforth Published 09/02/2016 Topics Compliance

Useful links


The UK does not yet have comprehensive EPR systems in place, but that is set to change. Are you ready?


Packaging EPR producer enrolment now live on gov.uk

The online Report Packaging Data portal is now live for large producers to complete enrolment and nominate their compliance scheme by 1 October.


Toolkit launched to help reduce packaging waste in the construction industry

The ZAP project, funded by the Ecosurety Exploration Fund, was launched by the Alliance for Sustainable Development (ASBP) to help reduce the quantity of avoidable packaging plastic waste in construction, much of which is not recycled.


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