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Probate & Council Tax

Hello.

Is it true that if you are left a property and you have gone through probate.
If in the future you want to enlarge it and go through the planning route, that your council tax will not change even though the property will be twice the size? This is because the property hasn't sold....?

Thanks

Comments

  • MotownFox
    MotownFox Posts: 58 Forumite
    Once the transfer of the property legally has been undertaken by deed through the Land Registry as I understand it the new owner is then responsible for Council Tax and payable on the Band that is then applicable. Then you have to get planning permission to enlarge it so I assume the Council then has a process by which it is re banded (if applicable)
    I think you may be confusing the fact that after death you normally get 6 months after Probate before Council Tax is payable again, and some Councils extend this to until the property is sold.
  • Thanks you are probably right I was only told that this was the case from a friend. I shall contact the planning officer for his advise on how to get the records straight as I would hate to be hit with a huge bill in the future for backdated amounts due.
  • noh
    noh Posts: 5,817 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If a property is enlarged it is not reassesed for council tax until a change of ownership takes place. The new banding if applicable only takes effect from the date of the change of ownership.
    http://www.voa.gov.uk/corporate/Publications/Manuals/CouncilTaxManual/council_tax_man_s2/c-ct-man-sect2-pt2.html
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Noh is correct. If a sale or transfer of ownership occurs and it is then extended after this date then it will only be re-banded when it is again sold or transferred on.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • cloves59
    cloves59 Posts: 8 Forumite
    Part of the Furniture Combo Breaker
    Thank you all. I contacte dmy council tax office, You are correct banding will not change until I sell it. I shall sleep easier now I know I won't have someone banging on my door!
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You are correct banding will not change until I sell it.
    If there were any changes made before you inherited it then it can be re-banded based on that (not sure if your parents enlarged it or not).

    In respect of banding the property the council have no say, its solely the preserve of the valuation office agency. It may pay to check directly with them if your concerned.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
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