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), or 7(5), or of the EPC construction duty—
(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 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 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.
(4) In this regulation—
(a)“the EPC construction duty” means the duty specified in sub-paragraph (b) applying to a building specified in sub-paragraph (c);
(b)the duty is the requirement in accordance with the provisions of regulation 29 of the Building Regulations 2010(1) that a relevant person must, no later than five days after construction work has been completed on a building, give to the owner of the building an energy performance certificate for the building; and
(c)the buildings to which the duty in paragraph (4) applies are those specified in regulation 34(1)(a) and (b) of the Building Regulations 2010(2).
(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(3), 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(4) 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.
Regulation 29 of the Building Regulations 2010 is amended by S.I. 2012/3119.
New text for regulation 34 of the Building Regulations 2010 is inserted by regulation 22 of S.I. 2012/3119.
1988 c.41. Section 42 was amended by Schedule 5 to the Local Government and Housing Act 1989 (c.42).
Section 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).