PART 7Enforcement

Penalty amount43.

(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), F15A(2), 5A(3), 5A(4), F25A(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 198816, 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 198817;

“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.