Granny Annex - council tax and exemptions

kola2020

I have a granny annex on my property which was converted with planning permission in 2017.  The granny annex has been used my by parents since this date (over 65 years old).  The granny annex doesn't have a council tax band and the council placed a condition on the annex that it should not be sub-let, sold off or occupied in a dwelling in it's own right.  I am single and live with my child (under 16) in the main house. 

Since 2017 I have paid full council tax on the main dwelling Band G as my parents lived in the granny annex (own kitchen, bathroom and entrance via side gate).  The granny annex is now occupied by my mother. 

I have recently learnt that as my mother is over 65 and is living in the granny flat she would be exempt from council tax (if the property had a Council Tax Band), which would allow me to claim the 25% single person discount.  I understand that to get a council tax band I need to speak to the Valuations Office, however I am being advised by the local council not to do this given the condition on the initial planning permission. 

Am I best to pursue this with the valuations office, or is the council right in the fact that given the planning condition this annex will never receive a council tax band and hence qualify for the exemption?   

Advice appreciated as I seem to be going round in circles.  

 

 

jackieblack

What makes you think that being over 65 would make your mother exempt from Council tax?

lincroft1710

The annex should have its own CT band. The planning conditions do not stop it being a separate dwelling for CT purposes and thus having its own CT band

lincroft1710

jackieblack said:

What makes you think that being over 65 would make your mother exempt from Council tax?

https://www.gov.uk/government/publications/paying-the-right-level-of-council-tax-a-plain-english-guide-to-council-tax/paying-the-right-level-of-council-tax-a-plain-english-guide-to-council-tax#council-tax-exemptions

Annexes: ‘Granny annexe’ exemption

In addition, an annexe will be fully exempt (which means you don’t have to pay Council Tax) if it has a dependant relative living in it as their main, or only, home. A relative is dependant if they are:

• aged 65 or over
• substantially or permanently disabled, or
• severely mentally impaired

jackieblack

lincroft1710 said:

jackieblack said:

What makes you think that being over 65 would make your mother exempt from Council tax?

https://www.gov.uk/government/publications/paying-the-right-level-of-council-tax-a-plain-english-guide-to-council-tax/paying-the-right-level-of-council-tax-a-plain-english-guide-to-council-tax#council-tax-exemptions

Annexes: ‘Granny annexe’ exemption

In addition, an annexe will be fully exempt (which means you don’t have to pay Council Tax) if it has a dependant relative living in it as their main, or only, home. A relative is dependant if they are:

• aged 65 or over
• substantially or permanently disabled, or
• severely mentally impaired

Thanks! - I’m amazed that someone still of working age would be classed as dependent just by reaching their 65th birthday

lincroft1710

jackieblack said:

lincroft1710 said:

jackieblack said:

What makes you think that being over 65 would make your mother exempt from Council tax?

https://www.gov.uk/government/publications/paying-the-right-level-of-council-tax-a-plain-english-guide-to-council-tax/paying-the-right-level-of-council-tax-a-plain-english-guide-to-council-tax#council-tax-exemptions

Annexes: ‘Granny annexe’ exemption

In addition, an annexe will be fully exempt (which means you don’t have to pay Council Tax) if it has a dependant relative living in it as their main, or only, home. A relative is dependant if they are:

• aged 65 or over
• substantially or permanently disabled, or
• severely mentally impaired

Thanks! - I’m amazed that someone still of working age would be classed as dependent just by reaching their 65th birthday

The legislation was written about 30 years ago when 65 was age men could receive the state pension (60 for women)

kola2020

Thanks for the responses I am in touch with the valuations office to get the annex banded.