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Council tax disaggregation

Dear All,

I am potentially looking to buy a 4 bed semi detached property currently in Council tax band C.]

The house was originally a 3 bed.

In 1986 a planning application was submitted and approved for an "Erection of single-storey side extension to form bathroom and bed-sitting room for a disabled person". This work, to my knowledge was completed in the 1980s. When the VOA did the banding in the early 90s, it was classed as a band C for the whole property (as was the other half of the semi next door which had had an early dormer loft conversion). The property has not been sold since the original extension took place. Neither does the property have an 'Improvement Indicator' flagged on the CT website.

The extension is sizeable, for the bed-sitting room and the ensuite (which caters for disabled access to the bath/toilet etc). It has an adjoining sliding door to the downstairs hall way, it also has an external (front facing) French door with wheelchair lift.

My concern, now that the vendors are selling, that the VOA may pay a visit and decide that the extension, although probably taken into account during the initial valuation and had been constructed by the time the valuations were done, should be disaggregated as it may be classed as separate living accommodation, thus attracting 2 Council Tax bills (likely a C plus an A).

My view is that if the extension was originally there prior to the introduction of the VOA/Council Tax, they should not decide to disaggregate it, but who knows what the VOA may do?

What are your thoughts?

Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 12 September 2018 at 3:39PM
    If the extension was already in place when the original banding was done then, short of an error, it was already taken in to account when the band was set.

    The discretion with the VOA does not allow them to ignore a property that should be banded, the only discretion the VOA have is with regards to aggregation of self contained units under the chargeable dwellings order - this is a very limited power and only applicable in certain cases.

    The only way to know regarding how it would be treated is to ask the valuation office - they will decide if it meets the criteria for a separate banding and, if so, whether it is a dwelling in it's own right or a self-contained unit under the chargeable dwellings order (if the latter than, for England, the rules regarding council tax annexes can apply).

    I am potentially looking to buy a 4 bed semi detached property currently in Council tax band C.]
    A Band C is low for a 4 bed property.
    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.
  • lincroft1710
    lincroft1710 Posts: 19,120 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If the extension does not have facilities for preparation of food, e.g washing and cooking, it cannot be disaggregated.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • I have read today of cases where the VT and even the High Court have said that not every self-contained unit MUST have all facilities to hand. So a shared kitchen, for example, may not be a reason for a unit to be classed as part and parcel of the whole heredithingy. Some cases have even stated that the ability to have a microwave plugged in is sufficient (although that sounds ridiculous to me!).

    I have also contacted the VOA with my query, they were minorly helpful, but also now concerned that it is flagged on their system.
  • lincroft1710
    lincroft1710 Posts: 19,120 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    jobundone wrote: »
    I have read today of cases where the VT and even the High Court have said that not every self-contained unit MUST have all facilities to hand. So a shared kitchen, for example, may not be a reason for a unit to be classed as part and parcel of the whole heredithingy. Some cases have even stated that the ability to have a microwave plugged in is sufficient (although that sounds ridiculous to me!).

    I have also contacted the VOA with my query, they were minorly helpful, but also now concerned that it is flagged on their system.

    The cases you are referring to probably involved there being more than one family unit. If you are occupying the house as a single family there would not be any question of disaggregation. I have dealt with plenty of disaggregation cases in the past and a "bedsit" with en suite, but no food preparation facilities, occupied in connection with the "main house" by a single family would not be considered for disaggregation.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • That is very useful information, thank you.
This discussion has been closed.
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