The Energy Performance of Buildings (Scotland) Regulations 2008

Penalty charge notices

17.—(1) An enforcement authority may, if it believes that an owner has breached any duty under regulation 5, give a penalty charge notice to that owner.

(2) A penalty charge notice may not be given–

(a) unless the owner has failed to make an energy performance certificate available to a prospective buyer or tenant within a period of 9 days after a request for such a certificate was made to the owner; and

(b) after the end of the period of 6 months beginning with the day on which it appeared to the enforcement authority that the duty under regulation 5 was breached.

[F1 (2A) In addition to the limitations imposed by paragraph (2), a penalty charge notice may not be given in respect of a breach of any duty under regulation 5 occurring on or before 31st March 2009 where–

(a) the owner has made a request for an energy performance certificate within a period of 7 days after the relevant time; and

(b) the owner has made the energy performance certificate available to a prospective buyer or prospective tenant within a period of 9 days after obtaining the certificate.]

(3) A penalty charge notice must–

(a) be in writing;

(b) state the enforcement authority's belief that the owner has breached regulation 5;

(c) give such particulars of the circumstances as may be necessary to give reasonable notice of the breach;

(d) require that owner, within a period specified in the notice–

(i) to pay a penalty charge specified in the notice; or

(ii) to give notice to the enforcement authority requesting the authority to review the notice;

(e) state the effect of regulation 21(3) (certificate as evidence of facts stated);

(f) specify the person to whom and the address at which the penalty charge may be paid and the method or methods by which payment may be made; and

(g) specify the person to whom and the address at which a notice requesting a review may be sent.

(4) The amount payable as a penalty charge is–

(i) £500 for dwellings or buildings [F2 (or building units)] that are ancillary to dwellings; or

(ii) £1000 in any other case.

(5) The period specified under paragraph (3)(d) must not be less than 28 days beginning with the day after that on which the penalty charge notice is given.

(6) The enforcement authority may, if it considers that the penalty charge notice ought not to have been given, give the recipient a notice withdrawing the penalty charge notice.

(7) The enforcement authority must withdraw a penalty charge notice where regulation 18 applies.

(8) Any sum received by [F3 an enforcement] authority under this regulation shall accrue to that authority.

[F4 (9) In paragraph (2A)(a)–

(a) the reference to a request has the same meaning as in regulation 18(2); and

(b) “the relevant time” has the same meaning as in regulation 18(3).]

Textual Amendments

F1 Reg. 17(2A) inserted (31.12.2008) by The Energy Performance of Buildings (Scotland) Amendment Regulations 2008 (S.S.I. 2008/389), regs. 1, 2(2)(a)

F2 Words in reg. 17(4) inserted (1.10.2012) by The Energy Performance of Buildings (Scotland) Amendment (No. 2) Regulations 2012 (S.S.I. 2012/208), regs. 1(1), 15 (with reg. 19)

F3 Words in reg. 17(8) substituted (19.12.2015) by The Energy Performance of Buildings (Scotland) Amendment Regulations 2015 (S.S.I. 2015/386), regs. 1, 2(7)

F4 Reg. 17(9) inserted (31.12.2008) by The Energy Performance of Buildings (Scotland) Amendment Regulations 2008 (S.S.I. 2008/389), regs. 1, 2(2)(b)