Council Tax and Annex Query

Woodburner25

Hi, I bought a property recently that has a self contained building / annex with living area/ bathroom & kitchenette in the garden of the property.  We use it as a games room.  A couple of months after moving in I was advised by the the Valuation Office Agency that the property had been revalued and that the annex was now subject to separate council tax as it is considered a dwelling in it's own right, albeit at a discount as no one is living in it.  Having read up on this, I agree with the VOA's decision however I am not happy that, despite knowing the annex existed in a state to be a self contained dwelling, neither my conveyancing solicitor nor estate agent advised that I might be liable for additional council tax.  I have since complained to both - the conveyancer has said it is not their responsibility to advise on council tax and the estate agent has said they went on the banding given by the seller/VOA at the time.  I wondered if anyone knew if I have anywhere further I can take this? Is it worth going to the legal or estate agent ombudsman?  I thought the point of having conveyancing was for them to look out for exact things like this.  Thanks in advance. 

lincroft1710

Doubt you will get anywhere. Neither conveyancing solicitors nor estate agents are CT experts. Only the VOA can decide if an annex meets the requirements of being a self contained unit which should have its own CT band.

Sarahspangles

This was inevitable, as once the improvements were made the property would have been added to the VOA register for review on sale. The process is described here. https://valuationoffice.blog.gov.uk/2023/07/13/how-home-improvements-affect-your-council-tax-band/

I think both your solicitor and estate agent should understand this arrangement. Whether they should have advised you is a different question.

Woodburner25

lincroft1710 said:

Doubt you will get anywhere. Neither conveyancing solicitors nor estate agents are CT experts. Only the VOA can decide if an annex meets the requirements of being a self contained unit which should have its own CT band.

Thanks - appreciate the reply

Woodburner25

Sarahspangles said:

Thanks so much - that's really helpful to know

TheGreenFrog

I don't know the answer, but could you get the decision changed if, for example, you removed the bath/shower, given that you use it as a games room so might not need a bath/shower?

lincroft1710

TheGreenFrog said:

I don't know the answer, but could you get the decision changed if, for example, you removed the bath/shower, given that you use it as a games room so might not need a bath/shower?

Priority would be removing the WC, as a bath/shower is not a requirement for a separate assessment, as you can wash in the kitchen sink. Most people remove the kitchen though rather than the bathroom.

Woodburner25

Thanks for all the comments.  I am going ahead with removing the kitchenette.

DoctorStrange

What is your hoped-for outcome here?

If the annex is deemed to be part of the main dwelling, it can trigger a revaluation of that dwelling if the annex was constructed between the date you purchased the property and the date it was last sold.

Sometimes you're better off having having two council tax bills at a lower band than one combined bill at a higher band.

lincroft1710

DoctorStrange said:

What is your hoped-for outcome here?

If the annex is deemed to be part of the main dwelling, it can trigger a revaluation of that dwelling if the annex was constructed between the date you purchased the property and the date it was last sold.

Sometimes you're better off having having two council tax bills at a lower band than one combined bill at a higher band.

I doubt that would work, a Band A charge and a Band F charge combined will usually be lower than a Band H. Similarly a Band A charge and Band E charge combined would be lower than a Band G