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Our Council notified us of increase of our the council tax for granny/annex flat up to 200%

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Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    CIS said:
    I've dealt with annexe issues many times (I deal with council tax disputes/tribunals as my day job) and the one thing you do see is that many councils tend to try and make up the rules as they go on that and many other issues. I've dealt with many council tax cases that should never have been an issue but have had to take them to tribunal simply to be told, yes, you're correct, the council are wrong.
    I have submitted the formal complain now and going to wait and see what they come back with . 
    I hope I wont have to go all the way just  to prove them wrong, but if I have to I will.
    I understand that you used to work for council so I was hopping that you might be you can answer my second question 🙏🏻:
    Are the council allowed to visit for inspection private (non rental) property? And if so on what bases/ground? 
    Our council think that they are police and Her Majesty court all in one and they can do whatever they want .
    Yes, I used to work for councils (now I work against them in council tax).
    As mentioned by Lincroft they have no statutory powers to visit for council tax purposes from the council side however it isn't going to help if the issues could be dealt with easily via that route and you instead go to a tribunal.
    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.
  • nap31
    nap31 Posts: 10 Forumite
    Part of the Furniture First Post Combo Breaker
    Has anyone managed to reduce the council tax band on their main dwelling due to an annex being built? I am wondering if this is possible.

    Our main house is a Band F and our annex, which is a former garage, has just been designated a Band B. 

    The main house has lost part of its land and is now the only house in the street without a garage. All other properties in the street are band E. 

    Thank you.
  • lincroft1710
    lincroft1710 Posts: 18,950 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 26 January 2021 at 3:32PM
    nap31 said:
    Has anyone managed to reduce the council tax band on their main dwelling due to an annex being built? I am wondering if this is possible.

    Our main house is a Band F and our annex, which is a former garage, has just been designated a Band B. 

    The main house has lost part of its land and is now the only house in the street without a garage. All other properties in the street are band E. 

    Thank you.
    It will depend on whether or not the loss of the garage and part of its land would reduce the main dwelling's 1991 value to no more than £120,000 (Band E max in England)
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • theoretica
    theoretica Posts: 12,691 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    nap31 said:
    Has anyone managed to reduce the council tax band on their main dwelling due to an annex being built? I am wondering if this is possible.

    Our main house is a Band F and our annex, which is a former garage, has just been designated a Band B. 

    The main house has lost part of its land and is now the only house in the street without a garage. All other properties in the street are band E. 

    Thank you.
    Yes, but 20+ years ago and took considerable effort.

    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • 4hens
    4hens Posts: 4 Newbie
    Part of the Furniture First Post Combo Breaker
    I have a similar situation, main house band F annex is band B. Reading through Martins blogs he states that "if you are paying full council tax on the main house then the Annex should be a 50% reduction.  However my council do not agree with this and are still charging me 100% on the Annex.  Who is right Martin or the Council?
  • Johnjdc
    Johnjdc Posts: 396 Forumite
    Tenth Anniversary 100 Posts Name Dropper
    4hens said:
    I have a similar situation, main house band F annex is band B. Reading through Martins blogs he states that "if you are paying full council tax on the main house then the Annex should be a 50% reduction.  However my council do not agree with this and are still charging me 100% on the Annex.  Who is right Martin or the Council?

    Depends how the annex is being used.
  • 4hens
    4hens Posts: 4 Newbie
    Part of the Furniture First Post Combo Breaker
    Just for family as an extension to the main house!
  • lincroft1710
    lincroft1710 Posts: 18,950 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    It may be that the council regard the annex as a standalone dwelling and thus would not be subject to the 50% discount
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • 4hens
    4hens Posts: 4 Newbie
    Part of the Furniture First Post Combo Breaker
    In the Council Tax bill they refer to it as the granny annex at Gwynfa. I pay for the main house and annex so surely I meet the criteria that Martin has laid down below, but how do I fight this?

    Properties with an annexe

    If your home has an annexe (informally known as a 'granny annexe') or similar extension, you might get a discount provided it's in use as a residence or used by the main homeowner.

    An annexe is typically described as a self-contained and separate living area from your main home, though your council will have to decide whether or not it qualifies as an annexe. 

    If you qualify as having an annexe, you will receive two council tax bills – one for the annexe and a separate one for the rest of your home. You're entitled to a discount of 50% on the annexe's council tax bill, but you'll still pay council tax as normal on the main house.

  • lincroft1710
    lincroft1710 Posts: 18,950 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 23 April 2024 at 3:03PM
    4hens said:
    In the Council Tax bill they refer to it as the granny annex at Gwynfa. I pay for the main house and annex so surely I meet the criteria that Martin has laid down below, but how do I fight this?

    Properties with an annexe

    If your home has an annexe (informally known as a 'granny annexe') or similar extension, you might get a discount provided it's in use as a residence or used by the main homeowner.

    An annexe is typically described as a self-contained and separate living area from your main home, though your council will have to decide whether or not it qualifies as an annexe. 

    If you qualify as having an annexe, you will receive two council tax bills – one for the annexe and a separate one for the rest of your home. You're entitled to a discount of 50% on the annexe's council tax bill, but you'll still pay council tax as normal on the main house.

    I suggest you look at any planning conditions attached to the building of the annex. If there is a condition saying the annex cannot be sold separately from the main house then it is an annex for CT purposes. If there is no such condition then the annex is a standalone dwelling and in your case would at least have to be treated as a dwelling in its own right or even as a second home.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
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