ESOS: 6th August 2024 regulatory enforcement extension period!

Compliance Notification Enforcement Extension Position Statement

With the new IT system going live on Tuesday 19th March 2024 and the requirement of a two-stage compliance notification process, the Environment Agency have taken steps to help participants complete ESOS compliance in a timely manner by providing this position statement. This follows extensive discussions with the Department for Energy Security and Net Zero who lead on ESOS policy.

For organisations qualifying for Phase 3 of ESOS, the deadline for submitting a compliance notification is the 5th June 2024 and organisations should still look to meet this compliance notification deadline where possible. However, the Environment Agency and Regulators for the Devolved Administrations will not take enforcement action against you if you do not comply with this legal requirement provided that you meet BOTH the following conditions:

• registration of your account in the new IT system has been completed by the 5th June 2024, and
• you submit your notification of compliance by the 6th August 2024

This is in response to stakeholder representations made to UK Government and the Environment Agency on the implementation of ESOS Phase 3, including in relation to the Environment Agency’s ‘How to Comply’ guidance and delays in finalising the new ESOS IT system.

This regulatory enforcement extension period will cease after the 6th August 2024. The EA will monitor compliance levels during this extension period and request that participants and ESOS lead assessors contact them if they feel they will be unable to submit a notification of compliance by this extension deadline.