Council Tax Exemption - empty while work undertaken - have I been ripped off?

Jay218

Hi,

I live in a block of 5 apartments, created in what was originally a 1900's methodist church. When such work is undertaken, it has to comply with the building regulations, a process which involves a local authority building control department signing off the works. When viewing this flat we discovered that a party wall had not been constructed to specification and did not comply with the regs for soundproofing.

As a result I negotiated a discount with the vendor and agreed to buy the property, then remedying the soundproofing issue myself.

Now, I understand that properties are exempt from council tax when they:
-are unfurnished (exempt for up to six months,
-need, or are undergoing structural alteration or major repair (exempt for up to 12 months);

When I discussed this with the council, they stated that the exemption period for being unfurnished had been 'used up' by the developer. They also would not accept the soundproofing works (an alteration to the fabric of the structure in my eyes) as a major repair - which their building control dept. should have prevented in the furst place.

Anyway I paid my tax, but can't help feeling I've been unfairly treated? Can anyone comment? If you can that would be very much appreciated.

Thanks in advance,
Jay

CIS

TBH without actually having seen the works its hard to comment.

A Class A exemption is awarded for major repairs or structural alterations where the property is effectively unoccupiable.

If the property was not in the council's opinion unoccupiable then you nay have a problem going down the route of a Class A exemption.

You need to appeal to the council if you think the Class A was warranted, perhaps have a word with the planning section first and see if they'll back you up as to the work undertaken ?

lincroft1710

Soundproofing work may be simply attaching "acoustic sheets" to existing wall - not really major work and apart from noise and dust shouldn't take long nor be too disruptive.

I am presuming you are living in the apartment but have not carried out the soundproofing yet Unless you moved out of apartment whilst works in progress you wouldn't get exemption anyway.

elmer

Exemptions are awarded per property NOT per owner, and if that properties exemption has been used up, you will have to occupy it before another can be granted.
It is usually a minimum occupation period of six weeks required between exemptions depending on which exemptions have been awarded to that property. Your council will be able to tell you if you enquire.

Elmer