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There are currently no known outstanding effects for the The Energy Performance of Buildings (Certificates and Inspections) Regulations (Northern Ireland) 2008, Section 35.
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35.—(1) The penalty charge specified in the notice shall be—
(a)in relation to a breach of a duty under regulation F1... [F25(2), 5(3) or 6(2),] —
(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 duty under regulation F3... [F48A(2), 11(3)(a) or 42(2)(c),] £500;
(c)in relation to a breach of duty under regulation F5... [F611(3)(b) or 11(6),] £1000;
(d)in relation to a breach of duty under regulation 15(1), [F715(2)] 17(1), 17(2) or 18, £300; and
(e)in relation to a breach of duty under regulation [F85A(2) or] 32(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 net annual value of the hereditament;
(b)where no other building (other than a building which is exempt from Part 2 under regulation 4(1)(b) or regulation 4(1)(c)) forms a part of the same hereditament, 12.5% of the net annual 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 under regulation 4(1)(b) or regulation 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 the NAV 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”, “NAV list” and “net annual value” have the same meaning as in the Rates (Northern Ireland) Order 1977(1); and
“relevant time” means the time at which the penalty charge notice is given.
Textual Amendments
F1Words in reg. 35(1)(a) deleted (18.2.2013) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/12), regs. 1, 20(1)
F2Words in reg. 35(1)(a) inserted (18.2.2013) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/12), regs. 1, 20(1)
F3Word in reg. 35(1)(b) deleted (18.2.2013) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/12), regs. 1, 20(2)
F4Words in reg. 35(1)(b) inserted (18.2.2013) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/12), regs. 1, 20(2)
F5Word in reg. 35(1)(c) deleted (18.2.2013) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/12), regs. 1, 20(3)
F6Words in reg. 35(1)(c) inserted (18.2.2013) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/12), regs. 1, 20(3)
F7Word in reg. 35(1)(d) inserted (18.2.2013) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/12), regs. 1, 20(4)
F8Words in reg. 35(1)(e) inserted (18.2.2013) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/12), regs. 1, 20(5)
Commencement Information
1977 No. 2157 (N.I. 28) as amended by 2006 No. 2954 (N.I. 18)
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