38.—(1) The penalty charge specified in the notice shall be—
(a)in relation to a breach of a duty under regulation 6(2), 6(5), 7(2), 7(3), 7(4), [F17(5), 7A(2), or 7A(3)] —
(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 14(3)(a), £1000;
(c)in relation to a breach of a duty under regulation [F210(2) or] 14(3)(b), £500;
(d)in relation to a breach of a duty under regulation 18(1), 20(1), 20(2) or 21, £300; and
(e)in relation to a breach of a duty under regulation [F311(2) or] 35(5), £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—
(i)regulation 5(1)(a), (b), (d) or (e), or
(ii)for a building which is not a dwelling, regulation 5(1)(c) or (g)),
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—
(aa)regulation 5(1)(a), (b), (d) or (e), or
(bb)for a building which is not a dwelling, regulation 5(1)(c) or (g))
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.
F4(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In this regulation the following definitions also apply—
“hereditament” means a hereditament which, pursuant to section 42 of the Local Government Finance Act 1988 M1, 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 M2 of the Local Government Finance Act 1988;
“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.
Textual Amendments
F1Words in reg. 38(1) substituted (6.4.2016) by The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2016 (S.I. 2016/284), regs. 1(2), 27(a)(i)
F2Words in reg. 38(1)(c) inserted (6.4.2014) by The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2014 (S.I. 2014/880), regs. 1(2), 12(a)
F3Words in reg. 38(1)(e) inserted (6.4.2014) by The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2014 (S.I. 2014/880), regs. 1(2), 12(b)
F4Reg. 38(4) omitted (6.4.2016) by virtue of The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2016 (S.I. 2016/284), regs. 1(2), 27(a)(ii)
Marginal Citations
M11988 c.41. Section 42 was amended by Schedule 5 to the Local Government and Housing Act 1989 (c.42).
M2Section 41 of this Act was amended by Schedule 5 to the Local Government and Housing Act 1989, Schedule 13 to the Local Government Finance Act 1992 (c.14), and section 60(1) of the Local Government Act 2003 (c.26).