The Assessment of Energy Performance of Non-domestic Buildings (Scotland) Regulations 2016

Penalty charge notice - failure to implement building improvement measures

24.—(1) An enforcement authority may, if it believes that an owner has breached any duty under regulation 8(1), give a penalty charge notice to the owner.

(2) A penalty charge notice may not be given under paragraph (1) if the building improvement measures identified in the current action plan for the building or building unit have been completed.

(3) A penalty charge notice must—

(a) be in writing;

(b) state the enforcement authority’s belief that the owner has breached regulation 8(1);

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

(d) require the person to whom the notice is given, within the period specified in the notice—

(i) to pay the 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 27(3);

(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) state that there is a right to request a review of the notice and how and by what date a request for such a review is to be made.

(4) The amount payable as the penalty charge is £1000.

(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) Any sum received by a local authority under this regulation shall accrue to that authority.