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

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 impact
  • 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...

Brexit impact

11 pm (GMT) on 31 December 2020 marks 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 come to an end and significant changes begin to take effect across the UK’s legal regime. Any changes relevant to this content will be set out below. For further guidance, see Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and resources.

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)

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