The Energy Performance of Buildings (Certificates and Inspections) Regulations (Northern Ireland) 2008

Penalty amount

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

(a) in relation to a breach of a duty under regulation 5(2), 5(3), 6(2) or 7—

(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 11(2)(a), £500;

(c) in relation to a breach of duty under regulation 11(2)(b), £1000;

(d) in relation to a breach of duty under regulation 15(1), 17(1), 17(2) or 18, £300; and

(e) in relation to a breach of duty under regulation 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.

(1)

1977 No. 2157 (N.I. 28) as amended by 2006 No. 2954 (N.I. 18)