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Unsure if I should appeal my council tax banding decision

Lottie83
Posts: 12 Forumite


I purchased a two bedroom cottage last September. As part of the conveyancing process, my Solicitor suggested I should challenge the band (it’s an E). I did this in November and received a rejection today. I feel slightly out of my depth and am not sure whether to appeal or not, but I struggle to understand how larger houses (worth over £200k more than mine), are currently for sale in the same village and are also a band E. Any help would be appreciated, thank you.
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Comments
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Firstly you should redact all the personal info from the VOA email including property addresses as well as your name.
It is only worth appealing if you can find evidence which is at least equal to if not better than that of the VOA. I'm ex VOA and their evidence looks fairly conclusive to me. For your information in most areas 1993 sale prices were about 20% lower than those in 1991.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales1 -
Thank you for your reply. I will redact! Please could I ask what sort of evidence I would need? For example, more houses of a similar size to mine in lower bands? It’s been tricky as I live in a tiny village (which is why they’ve used examples from other villages) and the majority of houses are bigger than mine. I can provide plenty of examples of larger, more expensive houses in the same band as mine though! I’ve also checked the EPC and floor plan, they both confirm the size of my house is smaller than what the VOA believe it to be, would that be suitable evidence? Thank you
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One thing to remember regarding size is that the VOA measure houses to Gross External Area, whereas estate agents use Gross Internal Area which will be a lower figure, or even Effective Floor Area which is a much lower. figure.
Because of the very nature of the way banding works there will be a lot of larger houses correctly in the same band, so this would not prove your house is in the wrong band. As you have suggested look for houses of a similar type and size in nearby villages on Band DIf you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0 -
Thank you very much for your help, I will begin to gather evidence! I will have to rely on floor plans/EPCs for the size of the houses in band D, but presumably if I’m using the same method of sizing for my house and the comparables that will still prove the point?0
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Unless you know for definite which method has been used to measure a house, you could end up with unhelpful info. It is very rare for the VOA to make a mistake in measuring, there was plenty of training given. Personally I would never trust an EPC measurement. Don't forget that the VOA will check their records of any houses you submit as evidence and will quickly tell you if they disagree with your findings. Also be aware if a house has had extensions, they may not be reflected in the current CT band.
If you believe the VOA have measured your house incorrectly, then ask them to come and remeasure.If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0 -
I don’t have access to the information they have on property sizes, which is why I think I’ll have to use floor plans or EPC for my examples of houses in band D. Surely if I can evidence that the houses have a larger internal area than mine that means they are also larger externally? Alternatively, would the VOA provide that information if I give them a list of houses?I’m going to measure my house this weekend to see if is the same as what the VOA are saying it is.Just another question (sorry), can I ask the VOA to reassess once I have my new list of evidence, or do I need to go straight to an appeal? Thank you.0
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I don't know if the VOA would tell you the actual areas of any houses you wish to submit as evidence as when I was in the VOA, CT payers were not obliged to disclose any evidence prior to the hearing. From threads on this board some VOA caseworkers would provide such info, others would not. If they say no you would just have to submit your evidence as best you can.
Only if the VOA were convinced that your evidence was better than theirs, would they agree to reduce your band. If they don't agree then you would have to decide if you wish to proceed to a Tribunal hearing. From my own viewpoint, unless a CT payer came up with evidence I thought was better than mine would I agree a reduction. If I thought it was weaker or of equal value, I would let the Tribunal decide.
If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0 -
Thank you. Last question, I promise! So far, I have found 4 houses (in my village, not other villages like they have used) that are in a band D, which are larger than mine. I have also found 2 houses which are a very similar size to mine, also in a D.I still need to check the rest of band D and I’ll also check the C and B houses just incase. Im hopeful I will find a new more examples. In your opinion, would that be considered better evidence than theirs? Thank you again for all your help.0
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