The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007

Penalty amount E+W

43.—(1) The penalty charge specified in the notice shall be—

(a) in relation to a breach of a duty under regulation 5(2), 5(5), [F1 5A(2), 5A(3), 5A(4),] [F2 5A(4A),] 6(2), 9(2) or 10—

(i) where the building is a dwelling, £200;

(ii) where the building is not a dwelling, calculated in accordance with the formula in paragraph (2);

(b) in relation to a breach of a duty under regulation 16(2)(a), £1000;

(c) in relation to a breach of a duty under regulation 16(2)(b), £500;

(d) in relation to a breach of a duty under regulation 21(1), 23(1), 23(2) or 24, £300; and

(e) in relation to a breach of a duty under regulation 39(4), £200.

(2) Subject to the minimum and maximum penalty charges prescribed by paragraph (3), the penalty charge for the purposes of paragraph (1)(a)(ii) shall be—

(a) where the building constitutes a hereditament, 12.5% of the rateable value of the hereditament;

(b) where no other building (other than a building which is exempt from Part 2 by virtue of regulation 4(1)(b) or 4(1)(c)) forms a part of the same hereditament, 12.5% of the rateable value of the hereditament of which the building forms a part;

(c) where the building comprises more than one hereditament, 12.5% of the sum of the rateable values of each hereditament that comprise the building; and

(d) where—

(i) one or more buildings (other than a building which is exempt from Part 2 by virtue of regulation 4(1)(b) or 4(1)(c)) form part of the same hereditament; or

(ii) the building is not, or does not form part of, a hereditament which appears on a local non-domestic rating list at the relevant time,

£750.

(3) The minimum and maximum penalty charges for the purposes of paragraph (2) are £500 and £5000 respectively.

(4) In this regulation—

“hereditament” means a hereditament which, pursuant to section 42 of the Local Government Finance Act 1988(1), is shown on a local non-domestic rating list in force at the relevant time;

“local non-domestic rating list” means a local non-domestic rating list maintained in accordance with section 41 of the Local Government Finance Act 1988(2);

“rateable value” means the rateable value shown for a hereditament on a local non-domestic rating list at the relevant time; and

“relevant time” means the time at which the penalty charge notice is given.

Textual Amendments

F1 Words in reg. 43(1)(a) inserted (21.5.2010) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2010 (S.I. 2010/1456), regs. 1(3), 2(12)

F2 Word in reg. 43(1)(a) inserted (6.4.2012) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2452), regs. 1(2), 3(12)

Commencement Information

I1 Reg. 43 in force at 1.6.2007, see reg. 1(4)Sch. 1

(1)

1988 c. 41; amended by the Local Government and Housing Act 1989 (c.42), Schedule 5, paragraph 20.

(2)

There are amendments but none is relevant to these Regulations.