Regulation 41: Breaches in relation to non-domestic PR property

The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 · S.I. 2015/962View on legislation.gov.uk

Part 3: Minimum level of energy efficiency — CHAPTER 6: Penalties – domestic and non-domestic PR property

The penalties set out in this regulation apply where L is, or was, the landlord of a non-domestic PR property.

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 financial penalty not exceeding whichever is the greater of—
£5,000, and
10% of the rateable value of the property,

provided that the financial penalty must not exceed £50,000, and

the publication penalty.

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 financial penalty not exceeding whichever is the greater of—
£10,000, and
20% of the rateable value of the property,

provided that the financial penalty must not exceed £150,000, and

the publication penalty.

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 financial penalty not exceeding £5,000, and
the publication penalty.

In this regulation—

  • "local non-domestic rating list" means—in relation to England, a list maintained undersection 41of theLocal Government Finance Act 1988;in relation to Wales, a list compiled and maintained undersection 41ZA of theLocal 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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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.