In recent months, the Environment Agency (EA) has significantly stepped up its ESOS enforcement activity, issuing more notices, escalating cases faster, and introducing substantially higher penalties. Understanding what each notice requires and responding to them appropriately, is now essential for any organisation subject to ESOS compliance.
In this post, we break down the three different ESOS notices, what happens if you ignore them, and the steps you should take as soon as one lands in your inbox, as well as how Enistic can support you at every stage of the process.
The Three Types of ESOS Notices:
When the Environment Agency contacts you about ESOS, the notice will fall into one of three categories.
Compliance Notice – Your Early Warning
A Compliance Notice is usually the first stage of contact. It is typically a straightforward request for clarification, asking:
- Do you fall within ESOS scope?
- Should you have completed an assessment?
- Have you already submitted under a parent company?
These notices usually arrive by email and include a short deadline around seven days. Although this is the mildest form of notice, it still must not be ignored. If you do not act, escalation to an Enforcement Notice is automatic.
For many organisations, resolving a Compliance Notice is simple. A qualified ESOS Lead Assessor can quickly confirm your status, prepare the appropriate response, and close the matter efficiently.
Enforcement Notice – The Serious One
An Enforcement Notice indicates that the Environment Agency believes you should have complied and that earlier attempts to contact you were either ignored or not resolved. At this stage, the EA expects you to complete a full ESOS assessment without delay.
If you receive an Enforcement Notice, you must:
- Appoint a qualified ESOS Lead Assessor immediately, as a legal requirement.
- Notify the EA that you have engaged support from your Lead Assessor and outline the actions being taken to meet the deadline.
- Complete the full ESOS assessment by the date specified.
Previously, Enforcement Notice penalties typically ranged between £65,000-£90,000. However, according to the EA’s latest update, fines are expected to rise toward £200,000 comprising of a £50,000 based fine and £500 per day of ongoing non-compliance.
Once an Enforcement Notice has been issued, a penalty is almost inevitable – but those who act quickly, provide complete data, and demonstrate willingness to comply often see significantly lower fines.
Notification of a Compliance Audit – The Detailed Review
A Notification of Compliance Audit informs you that the EA is initiating a full ESOS compliance audit, which may examine data and decisions three to four years ago. These audits are rigorous and procedural, focusing not only on energy savings achieved but on whether every methodological step was correctly followed.
During the audit, you should expect:
- Extremely detailed, often repetitive queries.
- Line-by-line verification of every figure, assumption, and calculation.
- Requests for written explanations within tight deadlines.
- Extensive evidence gathering documentation.
Most audits result in either a pass with amendments or a failure, requiring corrective action.
If You Do Not Act, Escalation is Guaranteed
Fines do not disappear, and nothing ‘slips through the system’. The EA uses integral national databases, cross-checks submissions, and systematically follows up until the matter is resolved. In every scenario, inaction only leads to higher fines, compulsory assessments, and avoidable administrative burden.
How We Can Help You Stay Compliant and Stress Free
ESOS enforcement is becoming stricter, faster, and more expensive to ignore. Whether you have received a Compliance Notice, and Enforcement Notice, or a full Compliance Audit Notification, the most important step is taking action, quickly and correctly.
As qualified ESOS Lead Assessors, we can:
- Confirm whether you fall within ESOS scope.
- Communicate directly with the EA on your behalf.
- Complete or update your full ESOS assessment.
- Request deadline extensions where justified.
- Prepare responses, evidence packs, and appeal submissions.
- Manage the entire compliance audit process from end to end.
Our goal is simple: make ESOS compliance clear, manageable, and as low stress as possible, while reducing your risk of penalties and keeping you on track for long-term sustainability goals.
If you have received a notice, or want to ensure you never do – get in touch today.
