reg 38 Penalty amount
(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), 7(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 10(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 11(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. (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 , is shown on a local non-domestic rating list in force at the relevant time; “ local non-domestic rating list ” means— in relation to England, a list compiled and maintained under section 41 of the Local Government Finance Act 1988; in relation to Wales, a list compiled and maintained under section 41ZA 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.