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Council tax.. WIll I be forced to pay?

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Nosha123 | 15:38 Wed 30th Mar 2011 | Law
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We have almost finished building our new house... and the Council kindly downgraded us to the lowest band whilst the work was going on as we lived in the Summerhouse at foot of garden.

Am I right in thinking that on completion - they can ONLY reinstate the ORIGINAL banding that the previous house was in.. Rather than re-value the new dwelling and band accordingly...

I am hoping.. and thought.. that the VOSA only allow Councils to re-band a property when a transaction of sale has taken place...

Does anyone know???
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have you completely rebuilt a new house?
Question Author
yes.. on the same plot as the old one.. with the same address and same house name...
Same number of rooms etc, same footprint?

How does VOSA get in this equation, aren't they to do with MOT tests?
Ah, VOA, I see.
i cant see that it can be anything but a reviewed band then as its a new build. If you had just extended the previous property then the band would remain same until it was sold.
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Sorry.. I meant VOA....

The only details I can find state that the rebanding cannot take place until a valuation based on a sale is done....
I think it will be a reviewed band, doesn't the council surveyor have to sign the property off when completed to make sure you've built according to permissions? If so he will value the property for rating purposes.
From the VOA website...

"When a property is vacated and demolished or structurally altered in such a fundamental way that it ceases to be possible to occupy it as a dwelling, whilst a new property is constructed in its place the old band will be deleted from the list and the new property will be banded as a completely new dwelling according to its value at 1/4/91 in England or 1/4/2003 in Wales. In these circumstances it is possible that this could lead to an increase in the council tax banding without a sale taking place."

http://www.voa.gov.uk...cil-tax-facts.htm#q18
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Barely makes sense to me but...VOA website states

"Not infrequently, such properties will subsequently have been subject to improvements comprising ‘material increases’ and a subsequent sale may trigger a band increase. Problems may occur where no detailed notes still exist, and the reason why a band was conceded is not obvious. Where such a dwelling now appears no different from others in the street or locality, it will be apparent that the dwelling has subsequently been improved and a CR10 should be raised so that the band can be reviewed on the next sale. Where it is apparent that a sale of an improved dwelling has already taken place the band should be corrected, following an explanation to the taxpayer of the reasoning behind the decision to review."
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Thanks Abberant..
How do they value the new house based on 1991 though???
Dont see how that is possibly... Its pretty unique....

We are not using the LA Building Inspector. NHBC are signing off the work... Which stil isnt done!!

Could we get into trouble for moving in before completion??
Think you'll have to ask your council or VOA. Seems nobody really knows the answer here so far.
All new-builds in the last 20 years have been valued at 1991 prices, that's how the CT rates in England are set.
From the VOA website:
What if the property is demolished and rebuilt or substantially altered?

When a property is vacated and demolished or structurally altered in such a fundamental way that it ceases to be possible to occupy it as a dwelling, whilst a new property is constructed in its place the old band will be deleted from the list and the new property will be banded as a completely new dwelling according to its value at 1/4/91 in England or 1/4/2003 in Wales. In these circumstances it is possible that this could lead to an increase in the council tax banding without a sale taking place.

http://www.voa.gov.uk...cil-tax-facts.htm#q18
Oooops. I seem to have created an echo with Abberant.
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Thieving bastards!!!! Grrrr...

Was hoping I would get away with the original band being re-instated! Oh well.. Better budget to find another £190 per month now eh!

The Council want me to pay a Tax on the Summerhouse too... so am getting a letter written stating it is no longer habitable! Bugger me if I am paying £390 per month on Council tax when its just the two of us living there!!!

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Council tax.. WIll I be forced to pay?

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