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.

FailureMaximum penalty
Failing to carry out an energy assessmentUp to £50,000, plus up to £500 per working day of continued failure, to a maximum of 80 days.
Failing to notify complianceUp to £5,000, plus up to £500 per working day, to a maximum of 80 days.
Failing to maintain recordsUp to £5,000, plus up to £500 per working day, to a maximum of 80 days.
False or misleading statementsUp to £50,000.
Failing to comply with an enforcement noticeUp 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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If you are going to be late

Tell the regulator before the deadline. A notification that you are in scope and will be late, with a realistic date, is treated very differently from silence.
Keep working. An organisation that misses the deadline but completes and notifies shortly after is in a far better position than one that stops.
Document the reasons. Changes of ownership, data problems and assessor availability are common and understandable; a record of them helps if the regulator asks.
Do not notify compliance you have not achieved. A false notification is the one failure the regulator treats as serious regardless of circumstances.

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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