Energy Savings Opportunity Scheme (ESOS)—issues for property lawyers
Produced in partnership with King & Wood Mallesons

The following Environment practice note produced in partnership with King & Wood Mallesons provides comprehensive and up to date legal information covering:

  • Energy Savings Opportunity Scheme (ESOS)—issues for property lawyers
  • Brexit
  • The Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2018
  • What is the Energy Savings Opportunity Scheme (ESOS)?
  • Qualification criteria
  • Trusts
  • ESOS compliance and property assets
  • Landlord and tenant relationships
  • Sales and acquisitions of properties
  • Construction activities
  • More...

Energy Savings Opportunity Scheme (ESOS)—issues for property lawyers

Brexit

11 pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes began to take effect across the UK’s legal regime.

The Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2018

Regulation 2 of the Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2018, SI 2018/1342 came into effect on 3 January 2019, with regulation 3 coming into effect on IP completion date. Regulation 2 provides that undertakings who choose to comply with the ESOS Regulations by way of having an energy management system certified in compliance with ISO 50001 may do so by reference to the 2011 issue or the 2018 issue of that international standard. Regulation 3(2) preserves the option for the certification of compliance with ISO 50001 to be obtained from a body that has been accredited by the United Kingdom’s national accreditation body, whether or not the United Kingdom’s national accreditation body continues to be a member of the International Accreditation Forum. Regulation 3(3) amends financial thresholds which are part of the test for whether an undertaking is a “relevant undertaking” and required to comply with the ESOS Regulations.

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