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 guidance 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
  • What is the Energy Savings Opportunity Scheme (ESOS)?
  • Qualification criteria
  • Trusts
  • ESOS compliance and property assets
  • Landlord and tenant relationships
  • Construction activities
  • Sales and acquisitions of properties structured as corporate transactions
  • Developments

Brexit impact

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content.

For further guidance, see Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and resources.

What is the Energy Savings Opportunity Scheme (ESOS)?

ESOS is an energy assessment and energy savings scheme. It is mandatory for organisations that meet the qualification criteria. It derives from the EU Energy Efficiency Directive 2012/27/EU, art 8(4), which requires EU Member States to ensure that enterprises that are not SMEs are subject to an energy audit carried out at least every four years.

The requirements of the Energy Efficiency Directive, art 8(4) have been implemented in the UK through the Energy Savings Opportunity Scheme Regulations 2014, SI 2014/1643. Organisations that qualify must undertake an energy assessment and audit of their total energy consumption. The audit needs to be conducted or reviewed by a “lead assessor”, who must be a member of a professional body approved by the scheme administrator, ie the Environment Agency (EA).

There is no requirement to register for ESOS, but organisations that qualify must notify the EA by