Real Estate Tip of the Week: Sending out an Ethos - DAC Beachcroft

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Real Estate Tip of the Week: Sending out an Ethos

Published On: 1 November 2015

The Energy Savings Opportunity Scheme introduced a requirement for all 'large undertakings' (assessed as at 31 December 2014) to carry out a comprehensive assessment of their total energy consumption during a 12 month 'reference period', so as to identify any energy efficiency opportunities that may exist. This period must include the qualification date of 31 December 2014 and must end before 5 December 2015.

A 'large undertaking' is one which:

  • Employs at least 250 people; or
  • Has an annual turnover in excess of €50m and a balance sheet in excess of €43m; or
  • Is part of a corporate group, which includes an undertaking which meets either of the above criteria.

Companies which already have a certified ISO50001 energy management system that covers all of the company's energy group (which must cover the whole corporate group in the UK, if relevant) are exempt from complying with the ESOS. All other large undertakings face fines for failure to comply with the requirements of the scheme if they do not notify the Environment Agency that they have completed their ESOS assessment by 5 December 2015. Failure to notify an ESOS could result in a fixed penalty of up to £5,000, together with an additional £500 for each day of non-compliance following the issue of fixed penalty notice (up to a maximum of £40,000).

If your organisation is not going to be able to meet the compliance deadline of 5 December 2015, all is not lost. It is possible to avoid the penalties by notifying the Environment Agency with an explanation as to why it will miss the compliance deadline together with confirmation of the date on which your organisation expects to be able to comply.