# The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, Regulation 41: Breaches in relation to non-domestic PR property


(1) The penalties set out in this regulation apply where L is, or was, the landlord of a non-domestic PR property.
(2) Where L has breached regulation 27 and, at the time the penalty notice is served has, or had, been in breach for less than three months, the penalties are—
(a) a financial penalty not exceeding whichever is the greater of—
(i) £5,000, and
(ii) 10% of the rateable value of the property,
provided that the financial penalty must not exceed £50,000, and
(b) the publication penalty.
(3) Where L has breached regulation 27 and, at the time the penalty notice is served has, or had, been in breach for three months or more, the penalties are—
(a) a financial penalty not exceeding whichever is the greater of—
(i) £10,000, and
(ii) 20% of the rateable value of the property,
provided that the financial penalty must not exceed £150,000, and
(b) the publication penalty.
(4) Where L has registered false or misleading information under regulation 36(2), or has failed to comply with a compliance notice in breach of regulation 37(4)(a), the penalties are—
(a) a financial penalty not exceeding £5,000, and
(b) the publication penalty.
(5) In this regulation—
“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,
“rateable value”, in relation to a non-domestic PR property, means the rateable value shown for the property on a local non-domestic rating list at the time the penalty notice is served.

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Source: https://www.legislation.gov.uk/ukdsi/2015/9780111132432/regulation/41 (the official version)
Page: https://openlegislation.uk/draft-energy-efficiency-private-rented-property-england-and-wales-regulations-2015/regulation-41
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.