Do You Pay Council Tax on a Derelict Property?
You may not have to pay council tax on a derelict property if it is removed from the council tax list by the Valuation Office Agency (VOA). [3] For this to happen, the property must be uninhabitable and require major works or reconstruction to be made liveable again, not just routine renovation. [2, 6]
What does the VOA consider a 'derelict' property?
The Valuation Office Agency (VOA) makes a clear distinction between a property that is in poor repair and one that is truly derelict. [6] A property that simply needs redecorating, a new kitchen or bathroom, replacement windows, or has minor plaster damage is considered to be in poor repair and will not be removed from the council tax list. [3] The cost of the repairs is not the deciding factor. [6]
To be considered derelict, a property must be uninhabitable to the extent that it cannot be repaired without changing its character, which often means major reconstruction is needed. [2, 6] The VOA assesses the physical state of the building, looking for severe structural problems. [6] Features of a derelict property can include:
- Collapsed ceilings or floors. [3, 6]
- Large sections of the roof missing, causing extensive water damage. [3, 6]
- Missing external doors or window frames. [6]
- Widespread rot that has affected structural parts of the house. [6]
- Vegetation growing inside the property. [6]
Essentially, the property must have deteriorated so much that it cannot be lived in without being substantially rebuilt. [6]
How is a derelict property removed from the council tax list?
Only the Valuation Office Agency (VOA), not your local council, can decide to remove a property from the council tax list. [8] The homeowner must submit a request, often called a proposal, to the VOA to have the property's council tax band deleted. [4]
Once a proposal is made, the VOA will review the evidence to determine if the property is truly derelict. [3] A VOA listing officer will assess the physical state of the property, which may involve a site visit or a review of submitted documents. [4] If the VOA agrees that the property is derelict and uninhabitable, it will be removed from the council tax valuation list. [3]
The VOA will then inform the local council, which must stop charging council tax. [3] The deletion will be backdated to the date the VOA determines the property became uninhabitable, which can result in a refund for any council tax paid during that period. [3, 5]
What evidence is needed to prove a property is derelict?
To support a case for deleting a council tax band, you must provide strong evidence to the VOA that the property is uninhabitable due to its physical condition. [3, 4] Simply being empty is not enough. [3] Useful evidence includes:
- Labelled and dated photographs showing the property's interior and exterior condition, including specific structural problems. [3, 6]
- A structural surveyor's report detailing the defects and the work needed to make the property habitable. [3, 4]
- Detailed descriptions or builder's quotes for the required structural work. [3]
- Information on when the property was last occupied and when it became uninhabitable. [6]
This evidence helps the VOA's listing officer to make an accurate decision about the property's state and the appropriate effective date for deletion. [3]
What if the property is just being renovated?
A property undergoing normal refurbishment, even if extensive and requiring it to be empty, is not typically considered derelict. [3] However, if the property is undergoing a major renovation scheme that is so substantial it effectively makes it uninhabitable, the VOA may agree to delete its council tax band temporarily. [3, 11]
For a renovation, the band deletion is backdated to the day the work physically started on site. [19] It's important to note that gaining planning permission does not count as the start of the work. [3] You will need to provide the VOA with evidence like a description of the works, plans, and photos showing the work underway. [19]
This is different from local council discounts. Some councils used to offer short-term exemptions for uninhabitable properties, but many of these have been abolished. [13] Now, councils in England and Wales can charge a premium of up to 100% on homes empty for a year, rising further for longer periods. [9, 15]
What happens when a derelict property is made habitable again?
Once a property has been removed from the list, it remains exempt from council tax as long as it is derelict. [3] When the renovation or reconstruction work is completed, the property must be re-entered onto the council tax list. [3]
The owner should inform the local council that the works are finished. The council will then notify the VOA, who will arrange for the property to be assessed and given a new council tax band. [3] The liability for council tax starts again from the date the work was completed. [19]
Frequently asked questions
- Can my local council decide if my property is derelict for council tax purposes?
- No, only the Valuation Office Agency (VOA) has the authority to decide if a property is derelict and should be removed from the council tax valuation list. The council is responsible for billing based on the VOA's list. [8]
- Do I get a refund if I have been paying council tax on a property that is derelict?
- Yes, if the VOA agrees to delete your property's band, the decision will be backdated to the date it became uninhabitable. Your local council will then recalculate your bill and issue a refund for any overpaid tax. [5]
- Is a property without a kitchen or bathroom considered derelict?
- Not automatically. The VOA's definition of derelict focuses on structural integrity. While lacking basic fittings is a factor, the property must be incapable of normal repair and require major reconstruction to be deleted from the list. [3, 6]
- How long can a property be exempt from council tax if it's derelict?
- A property remains exempt from council tax for as long as it is considered derelict and is deleted from the VOA's valuation list. Once it is made habitable again, it will be re-banded and become liable for council tax. [3]
Sources
- Removing a property from the Council Tax list - GOV.UK
- Council Tax Band Deletion Explained | PDF - Scribd
- Council Tax band deletions: properties in disrepair - HMRC Valuation Office
- Guide To Deleting Property From The Council Tax Banding List - Knight Frank
- Can Council Tax Be Backdated?
- Removing a property from the Council Tax list - Chelmsford City Council
- New Empty Home Council Tax Laws: April 2024 Updates - Guild of Residential Landlords
- Council Tax band deletions: renovations and repairs - HMRC Valuation Office
- Council Tax charges for empty or unfurnished properties - Adur & Worthing Councils
- How Council Tax works: Second homes and empty properties - GOV.UK
Curious about your own band?
Free check, official VOA data, no signup.