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What is the Energy Savings Opportunity Scheme and the ESOS audit requirements?

Mark Lumsdon-Taylor · Posted on: May 7th 2024 · read

For Phase 3, the qualification date is 31 December 2022. The submission deadline was extended from December 2023 to 5 June 2024, to enhance businesses likelihood of satisfying robust new requirements. 

Businesses should aim to meet this deadline where possible but if you cannot, the Environment Agency and devolved administration regulators will not take enforcement action, provided businesses meet both these deadlines:

  •  register an account in the Manage your ESOS system by 5 June 2024 (Click here)
  •  submit notification of compliance by 6 August 2024

If you were obligated to complete Phase 2 reporting but have not yet complied, please act now as the ESOS Regulations set out that organisations who have failed to comply may be liable to compliance and enforcement activities, which include penalty notices.

More guidance on ESOS and what you need to do to comply can be found here.

The Energy Savings Opportunity Scheme (ESOS), set up by the Department of Energy and Climate Change (DECC), mandates large organisations to conduct audits of their energy use.

Qualifying organisations are required to measure the energy consumed in their buildings, transport and industrial processes, carry out energy audits and report their compliance.

Compliance can be achieved by either implementing an ISO 50001 energy management system covering all energy use or by appointing a Lead Assessor to carry out audits and/or review a variety of compliance routes.

ESOS Reporting Requirements

Pylon
A Measurement of energy use
Paper stack spyglass
An on-site energy audit
Light switch
Identification of cost-effective energy efficiency recommendations
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Report compliance to the Environmental Agency

ESOS Scope

Eligibility
  • Your organisation employs 250 or more people
  • Your organisation has an annual turnover in excess of £44 million, and an annual balance sheet total (i.e. gross assets) in excess of £38 million
Scope
  • A measurement of energy use
  • An on-site energy audit
  • Identification of cost-effective energy efficiency recommendations
  • A compliance report, submitted to the Environmental Agency
Action

There are multiple routes to compliance available to participants in the scheme:

  • Commissioning ESOS energy audits through approved ESOS assessors
  • ISO 50001 certification
  • Display Energy Certificates (DECs) and accompanying recommendation reports
  • Green Deal Assessments

How do you comply with the ESOS scheme?

To comply with ESOS, you must:

  1. Measure the energy you consume in buildings, transport and industrial processes
  2. Audit areas of significant energy consumption through one of the methods in the table below:
Route to complianceApplicationRequired Resources
ESOS Energy AuditsAll energy uses (buildings, processes and transport)Energy Auditor and Approved Lead Assessor
ISO 50001 Energy Management SystemAll energy usesISO 50001 Auditor
Display Energy Certificates (DECs)Individual buildingsDEC Assessor and Lead
Assessor
Green Deal AssessmentsIndividual buildingsGreen Deal Assessor and Lead
Assessor

Benefits

  • Lighting: Double-digit % annual savings are possible.
  • Building Energy Management Systems: Take control of energy costs.
  • Consumption Reporting: Measure, manage and reduce your costs by understanding what you’re using, when, where and what it’s costing.
  • Power Factor Correction and Voltage Optimisation: Eliminate the costs on the bill that you don’t have to be paying.
  • Strategy: Join practice to process in order to implement a rolling programme of efficiency and cost reduction.
  • Heat Recovery: Formulate a recovery strategy to recover and re use this valuable commodity.

Signing off

Once a Director within your organisation, and the Lead Assessor, has signed off your ESOS assessment, you will need to provide notification to the Environmental Agency that you have complied with the terms of ESOS on or before the compliance date.

Penalties

Civil penalties can be enforced for organisations that qualify for ESOS but are found not to comply. Failure to notify the Scheme Administrator that your organisation has complied could result in:

  •  A fixed penalty of up to £5,000
  • £500 charge for each subsequent day after the compliance (80 day max.)

Failure to maintain adequate records of compliance results in similar penalties, whilst an outright failure to undertake ESOS could result in:

  • A £50,000 penalty
  • £500 fine for every subsequent day that the organisation remains non-compliant

Publication of non-compliance details

The Provision of misleading or false statements within the ESOS assessment could result in a monetary fine in excess of £50,000.

Consumed and ‘Unconsumed’ Supplies

Energy supplied to and consumed by a participant across all of their assets and activities, either from an energy supplier or from energy generated by the participant, will be included within the scope of ESOS. Unconsumed supplies are defined as supplies that you do not consume, but provide to a third party.

In order for these supplies to be deducted from your total consumption you will, again, be required to provide verifiable data. If you are unable to reasonably measure the energy consumption supplied to third parties, you will be required to include this consumption within your own total consumption.

Potential sources of energy consumption are shown in the below chart;

Potential sources of energy consumption chart


A final monitoring metric must be agreed on - ideally, all of your energy consumption should be converted into energy units i.e. kWh

Can businesses be exempt from carrying out an ESOS assessment?

If you qualify for ESOS and your organisation is fully covered by ISO 50001, you do not need to carry out an ESOS assessment.  You just need to notify the Environment Agency that you’re compliant with ESOS.

If you are not fully covered, you will need to carry out an ESOS assessment to identify what your organisation needs to do to comply with the ESOS regulations.

If your organisation has a total energy consumption of less than 40,000 kWh you will be required to carry out an ESOS assessment. However, you will not be required to have a lead assessor review your ESOS assessment. If you decide not to appoint a lead assessor to review your ESOS assessment because you use less than 40,000 kWh, you must get two board level directors (or equivalent) to review your ESOS assessment and compliance notification.

Get in touch

For more information about our Sustainability & ESG services, please contact +44(0) 333 010 0221 or complete our online enquiry form

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