Penalty amount
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), 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.
1988 c. 41; amended by the Local Government and Housing Act 1989 (c.42), Schedule 5, paragraph 20.
There are amendments but none is relevant to these Regulations.