ESOS · Part 8 civil penalties
ESOS penalties: five offences, exact maximums
ESOS penalties are set by the Regulations, in Part 8 of SI 2014/1643, not by guidance.
There are five offences, each with a fixed maximum, some with a daily penalty, and all with publication.
The offences
The fixed maximum for each offence
The two £50,000 offences are written as £50,000 “or such lesser amount as the compliance body may determine”.
That is a fixed maximum with discretion downwards, which the guidance renders as “up to £50,000”.
The daily penalty is £500 for each working day, not calendar day, and stops at 80 working days.
In full
All five, side by side
| Regulation | Failure | Fixed maximum | Daily penalty | Publication |
|---|---|---|---|---|
| 43 | To notify compliance | £5,000 | £500 per working day, 80 max | Yes |
| 44 | To keep records | £5,000 + cost of checking compliance | None | Yes |
| 45 | To undertake an ESOS assessment | £50,000 or lesser amount | £500 per working day, 80 max | Yes |
| 46 | To comply with a compliance, enforcement or penalty notice | £5,000 | £500 per working day, 80 max | Yes |
| 47 | False or misleading statement | £50,000 or lesser amount | None | Yes |
Summaries that add a daily penalty to the records offence are wrong; regulation 44 has none.
SI 2026/701 amended Part 8 in one place only and added no offence.
In practice
How the Environment Agency sets a penalty
The Environment Agency’s Annex 2 says it will normally use the statutory maximum as the initial penalty.
For an organisation in the compliance period in which it first enters ESOS, it will normally cap the initial penalty for failing to undertake an energy audit at £5,000.
That is policy, and it covers only the audit failure, not a failure to notify.
The daily penalty runs from the day after a notice is served, not from the missed deadline.
What is not an offence
Action plans and the residual route
Regulations 34A and 34B, on action plans and progress updates, appear nowhere in Part 8.
A missed plan is published, but carries no civil penalty in its own right.
If a regulator serves an enforcement notice requiring the plan, ignoring that notice falls under regulation 46.
More on the filings after 2027 is on the action plans page, and the family’s ESOS Phase 4 compliance guide on uksrs.org.uk lists every deadline a penalty can attach to.
Frequently asked
Questions people ask
What is the penalty for not complying with ESOS?
It depends on the failure.
Not notifying: up to £5,000 plus £500 for each working day, capped at 80 working days.
Not undertaking an ESOS assessment: £50,000, or a lesser amount the compliance body decides, plus the same daily penalty.
Every penalty also carries publication.
What is the ESOS penalty for a false statement?
£50,000, or such lesser amount as the compliance body may determine, under regulation 47, plus publication.
There is no daily penalty for this offence.
Is the ESOS daily penalty per calendar day?
No. It is £500 per working day, capped at 80 working days, for failing to notify, failing to undertake an assessment, and failing to comply with a notice.
Failing to keep records and false statements carry no daily penalty.
Are penalties lower for first-time ESOS participants?
The Environment Agency says that for new entrants, in the compliance period in which they first enter the scheme, it will normally impose a lower initial penalty of up to £5,000 for failing to undertake an energy audit. That is policy, not law: the statutory maximum is unchanged.
Can you be fined for a missed ESOS action plan?
No civil penalty in Part 8 attaches to action plans or progress updates.
A missed plan is published, and failure to comply with an enforcement notice requiring one would be penalisable.
Sources
Primary sources
Every figure, date and status on this page traces to the instrument’s owner.
Secondary commentary is never the source for a number.
- legislation.gov.ukSI 2014/1643 Part 8 — civil penalties (regulations 39–47)
Five offences; none attaches to action plans or progress updates.
- legislation.gov.ukSI 2014/1643 regulation 45 — failure to undertake an ESOS assessment
£50,000 or such lesser amount as the compliance body determines, plus daily penalty.
- legislation.gov.ukThe Energy Savings Opportunity Scheme Regulations 2014 (SI 2014/1643)
The scheme itself. The consolidated text does not yet show the 2026 amendments.
- legislation.gov.ukThe Energy Savings Opportunity Scheme (Amendment) Regulations 2026 (SI 2026/701), in force 22 July 2026
Every Phase 4 change: routes, savings reporting, the action plan review, the third progress update.
- Environment AgencyEnforcement and sanctions policy, Annex 2 — civil penalties for climate change schemes
How penalties are set in practice, including the new-entrant approach at §D2.3.
- Environment AgencyEnvironment Agency enforcement and sanctions policy
The policy Annex 2 sits under.
- Environment AgencyHow to comply with the Energy Savings Opportunity Scheme (ESOS) phase 4 (30 July 2026)
The regulator’s guidance; a restatement of the Regulations, never the master.
- Environment Agency / GOV.UKEnergy savings opportunity scheme (ESOS): find out if you qualify and how to comply (updated 2 September 2026)
The GOV.UK hub, now a Phase 4 page, and the approved lead assessor register list.
- legislation.gov.ukSI 2014/1643 Part 6A — action plans and progress updates
Regulations 34A and 34B.
- data.gov.ukEnergy Savings Opportunity Scheme — published notifications and action plans
What the scheme administrator publishes.
- legislation.gov.ukSI 2014/1643 regulation 4 — compliance periods, qualification and compliance dates
Generates 6 Dec 2023 – 5 Dec 2027, 31 Dec 2026 and 5 Dec 2027.