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Bought house and Council Tax doubled.
Comments
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yes i do know because I've read the info already linked to above!
Section 11 gives the precise example of what needs to be done to "remove" a kitchen...
"Where structural alterations are made, each case will depend on its own facts as to the degree of physical alteration/adaptation carried out. Listing Officers should not give verbal advice in such cases without responding to firm suggestions from the taxpayer as to exactly what alteration they are considering. It is likely that the removal of kitchen and bathroom fittings alone will not suffice without taking out the electrical/gas/water service pipes, since it would otherwise be a simple matter to reconnect."
Sorry, I missed that. Very useful to know. Thanks.YNWA
Target: Mortgage free by 58.0 -
Originally I wanted to argue that because I had been told by two governing bodies (One made irrelevant by lack of jurasdiction) what the Council Tax should be and I bought the house on that basis, then that is what the COuncil Tax should be. I quickly realised how naive that was though. No proof, no one cares (As far as they are concerned) and I needed to get over my overly ethical self.
Council Tax legislation permits an incorrect band being changed at any time which also includes bringing a previously unassessed dwelling into the CT Valuation List
1. The access to the Annexe is either via a utility room which is accessed from the kitchen. There is, however a door from the utility room to the outside as well which I will propose I brick up. It isn't in use and if this argument will help then I am happy to do that. The only other access to the Annexe is via our back garden.
If there is access to the back garden without going through the main house either via the utility or the annex directly, then that would satisfy the criteria for separate access.
This argument isn't particularly strong because the documentation linked to by the VOA and further reading linked to above states that as long as it has a kitchen and washing facilities it can be considered an Annexe for Council Tax purposes.
2. Currently I have a friend, down on her luck, staying there. I read that if only one person is staying in an Annexe you can be considered for a discount. (She has a bed in the room and a fridge but uses most of our facilities for cooking, washing because the main part of the house has nicer facilities). So even if I have to pay Council Tax on the property I might be due a discount. Ironically if no one is staying there I am not due a discount (Or not that I could find)
3. The house is a semi detached house. If the Annexe is an official Annexe then surely the house would become Terraced? That being the case, as mentioned above (Thanks for that) that would devalue our property and so it should certainly not go up a Tax Band.
You need to ask the VOA why it has gone from Band D to E
4. All of the other identical properties on our estate are Band D except for one which had an extension. If they conclude that we do indeed need to pay tax on the Annexe then surely our house, which has had no other alterations, would also be Band D?
See above
5. I will also mention that if do need to pay Council Tax on the spare room then surely we should get seperate bins for the "second property"?
Council matter, not VOA
6. The footprint of the property has changed very little because the spare room has replaced a garage. It is bigger than the garage was but not by much. (Not sure how to turn this into an argument in my case but it might be worth mentioning)
Only relevant inasmuch as a previous garage has been demolished so may have effect on CT band of main house
The end result? Well ideally I would like the Council Tax to go back to what it was and what I was told it would be. But I appreciate that might be shooting for the stars at this point.
I would, however either like to be paying one Band E rate or a Band D and band A rate.
Seriously, you guys have been great. Several things I hve read here I hadn't even thought of.
Thankyou.
I'll repeat what I said above, just phone the VOA and ask why the increase from Band D to E.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0 -
yes i do know because I've read the info already linked to above!
Section 11 gives the precise example of what needs to be done to "remove" a kitchen...
"Where structural alterations are made, each case will depend on its own facts as to the degree of physical alteration/adaptation carried out. Listing Officers should not give verbal advice in such cases without responding to firm suggestions from the taxpayer as to exactly what alteration they are considering. It is likely that the removal of kitchen and bathroom fittings alone will not suffice without taking out the electrical/gas/water service pipes, since it would otherwise be a simple matter to reconnect."
Thanks eggha, saves me looking it up!If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0 -
Thanks Lincroft
So from what you guys have all said it seems to me that I should indeed be paying Council Tax on the Annexe but the house should not have gone from Band D to Band E (At least there is no obvious reason for it at any rate)
I will call the VOA tomorrow and find out what is going on (If I can get through to them)
Should they have a reasonable explanation or agree to reduce the property down to Band D then I can probably cancen the Tribunal?
Do you guys want me to post the result here? Or are you, happy that you have given me advice, happy for me to let this thread die?0 -
Dariune, please keep us informedIf you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0
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Chap on another forum I use had same issue, he removed the cooker and sent pictures to the council and they dropped the second charge. He didn't say he'd removed all the pipework.
He was caught during purchase as well.0 -
Chap on another forum I use had same issue, he removed the cooker and sent pictures to the council and they dropped the second charge. He didn't say he'd removed all the pipework.
He was caught during purchase as well.
Similar to me, council inspected saw built in oven, hob fridge microwave washing machine etc then said take out the oven and we are happy.
Once i removed the oven they came back and said they were happy now, even suggested I could put it back in now!!0 -
Decision isn't for the council to make over banding and removal of the kitchen etc - it's either the valuation office agency or the Scottish assessors who make any decisions.
CraigI 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.0
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