Civil penalties policy

Housing and Planning Act 2016 – Civil penalties

The Housing and Planning Act 2016 introduced changes to the Housing Act 2004 to allow the Council to issue civil penalties of up to £30,000.

• website: Housing and Planning Act 2016
• website: Housing Act 2004

We will be able to impose such penalties as an alternative to prosecution for the following offences under the Housing Act 2004 and Housing and Planning Act 2016:

• Failure to comply with an Improvement Notice (section 30 of the Housing Act 2004)
• Offences in relation to licensing of Houses in Multiple Occupation (section 72 of the Housing Act 2004)
• Offences in relation to licensing of houses under Part 3 of the Act (section 95 of the Housing Act 2004)
• Offences of contravention of an overcrowding notice (section 139 of the Housing Act 2004)
• Failure to comply with management regulations in respect of Houses in Multiple Occupation (section 234 of the Housing Act 2004)
• Breach of a banning order (section 21 of the Housing and Planning Act 2016)
• Failure to comply with a Remedial Notice (Part 3 of The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020).

The council will determine, on a case by case basis, whether to instigate prosecution proceedings or to serve a Civil Penalty in respect of any offences listed.