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Last updated October 2026.
What can be penalised
The ESOS Regulations give the Environment Agency, and the equivalent regulators in Scotland, Wales and Northern Ireland, the power to issue civil penalties for a defined set of failures. The failures and the maximum penalties are set out below. In each case the regulator can also issue an enforcement notice requiring the organisation to put things right by a date, and penalties can follow if it does not.
| Failure | Maximum penalty |
|---|---|
| Failing to carry out an energy assessment | Up to £50,000, plus up to £500 per working day of continued failure, to a maximum of 80 days. |
| Failing to notify compliance | Up to £5,000, plus up to £500 per working day, to a maximum of 80 days. |
| Failing to maintain records | Up to £5,000, plus up to £500 per working day, to a maximum of 80 days. |
| False or misleading statements | Up to £50,000. |
| Failing to comply with an enforcement notice | Up to £5,000, plus up to £500 per working day, to a maximum of 80 days. |
Alongside the money, the regulator publishes penalty notices naming the organisation and the failure. For a business that sells on its sustainability credentials, or tenders to the public sector, that publication is often the more serious consequence.
How enforcement has worked in practice
Across the first three phases the regulator’s approach has been proportionate rather than punitive. Organisations that engaged, explained a delay and then complied were generally dealt with through enforcement notices rather than fines. Penalties were reserved for organisations that ignored correspondence, failed to comply after a notice, or were found to have notified compliance without having done the work.
That should not be read as a reason to relax. The regulator has issued penalties, has published them, and the move to action plans and progress updates gives it more to check and more to enforce. A careless Phase 4 is likelier to be caught than a careless Phase 1 was.
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Frequently asked questions
What is the maximum ESOS fine?
Up to £50,000 for failing to carry out an assessment or for a false statement, plus up to £500 per working day of continued failure for up to 80 days in most categories.
Are ESOS penalties published?
Yes. The regulator publishes penalty notices naming the organisation and the failure.
Has anyone actually been fined under ESOS?
Yes. Penalties have been issued and published in earlier phases, typically for organisations that did not respond to enforcement notices or notified compliance without having done the assessment.
What happens if we miss the ESOS deadline by a few weeks?
Contact the regulator before the deadline, explain and give a date. Late compliance after engagement has generally been handled through enforcement notices rather than fines, but there is no guarantee.
Is there a penalty for not implementing the action plan?
No. Penalties attach to failing to publish the plan and updates, not to the decisions in them.
Who is liable for an ESOS penalty in a group?
The responsible undertaking that was required to notify, normally the highest UK parent where the group complied together.
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