Back in 2015 we talked to clients about the penalties for not complying with ESOS. But like the limit on heating temperatures in buildings, we have yet to see any enforcement action taken. The Agency are now deferring action until after April.
When ESOS was under consultation I along with many others responded. I thought the time scale was tight, and that it would lead to capacity problems. Whilst I was right and we had to turn work away I never thought the problem would have been that organizations failed to act!
Some reasons that enforcement action has not been taken?
a) the Agency still does not know who should comply – see earlier posts
b) the Agency does not have the capacity to deal with the level of non-compliance
c) the regulatory process is not fit for purpose
d) there is a lack of political will to enforce a regulation that is supportive of a European Directive
What is concerning about the lack of action is that it makes ESOS appear toothless and does not bode well for the second phase.
However, with all of this we must not lose sight of the fact that the real issue is improving energy performance, not just meeting a regulatory requirement.