ESOS Phase 3

Phase 3 is here.  On this page we hope to answer all you questions and highlight how we can help you comply as quickly and as painlessly as possible.

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What is ESOS Phase 3?

ESOS (Energy Savings Opportunity Scheme) is a mandatory energy assessment and energy saving identification scheme for large undertakings (and their corporate groups).  When ESOS came into force in 2014, four phases of ESOS were legislated.  Each Phase was to run over four years.  The first phase ended on 05/12/2015, the second Phase (Phase 2) ended 05/12/2019, this phase (Phase 3), ends on the 05/12/2023 (known as the ‘compliance date’).  If, on this phases qualification date (31/12/2022) your organisation falls within the scope of ESOS, then you must participate in this phase.

An organisation falls within the scope of ESOS if, on 31/12/2022 they:

1. Employ 250 or more people, or
2. Have an annual turnover in excess of £44m, and an annual balance sheet total in excess of £38m

ESOS requires organisations that fall within its remit to do three things:

1. Measure your total energy consumption across your buildings, transport and industrial activities.
2. Conduct energy audits to identify cost-effective energy efficiency recommendations.
3. Have the audit signed off by accredited ESOS Lead Assessor and board level director and reported compliance to the Environment Agency By 5th December 2023.

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What is the process?

Below is a summary of the 5 steps you need to complete in order to comply with the legislation.  We are here to help you at every step.  We even offer free, no obligation meeting with a Lead Assessor to help guide you through the process.

1. Appoint a Lead Assessor


A lead assessor will help guide you through the ESOS process and they are required to sign -off you compliance before you submit notification.

2. Calculate your total energy consumption

The first stage is to calculate all the energy your organisation has consumed for business purposes. Don't worry, we will help you do this.

3. Audit 90%


ESOS requires that you subject at least 90% of your consumption to an ESOS compliant audit. As your Lead Assessors we would complete these for you, or, if you prefer help guide suitably qualified/experienced in-house staff

4. Produce report & evidence pack

We will put together the required report and evidence pack. This will provide a summary of the energy saving opportunities identified and evidence your assessment process.

5. Notify the Environment Agency

For Phase 3, your are required to notify the Environment Agency of your compliance by the 05/12/2023. If you do not, you could face significant fines.

Do I have to comply?

If you fall within the definition of a large undertaking, then yes you need to comply.  If you are not sure, please use the scoping tool, or, contact us.

Do you fall within the scope of ESOS?
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The fines for non-compliance are as follows:

Failure to notify the Scheme Administrator– there will be a fixed penalty and an additional penalty for each day of non-compliance.

· 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 by the compliance bodies.

Failure to maintain adequate records to demonstrate compliance with ESOS– the penalty which can be applied is:

·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 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 misleadingthere will be a monetary penalty that is flexible enough to take account of the nature of the misdemeanour 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

· Publication of details of non-compliance.

Help! I have never done this before!

Don’t panic! There are lots of people/companies in the same position.  We are here to help.  We have created a interactive guide (right) that should hopefully answer any of your questions.  If you have more/would like to speak to a person, please call (03333 448 499), e-mail ([email protected]) or, message us.

As mentioned, we are happy to arrange a free, no obligation meeting at your office, but if at first you just want to chat about it, we happy to do that also.

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Request a free ESOS consultation
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