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Empty and partly occupied properties

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Business Rate reliefs - empty and partly occupied properties

Changes to empty property relief from 1 April 2010

In the Chancellor’s 2009 Pre-Budget Report the Government announced that, from 1 April 2010 to 31 March 2011, no rates will have to be paid on an empty business property with a rateable value of up to £18,000. The previous limit for the year ending 31 March 2010 was up to £15,000.

However, from 1 April 2011 the rateable threshold below which empty properties are exempt from rates will revert to its normal level. This was previously up to £2,200 to 31 March 2009, but will be uprated in line with the general movement of property values at revaluation to under £2,600.

Government reforms to empty property relief - April 2008

In 2008 the Government reformed empty property relief in order to provide a strong incentive to bring empty property back into use.

From 1 April 2008 most property that has been empty for more than three months (more than six months in the case of industrial property) will no longer receive relief from rates. After the initial three or six months rate free period expires, empty property will be liable for 100% of the basic occupied business rate unless it:

  • qualifies for the new zero rate provided by the Rating (Empty Properties) Act 2007; or

  • qualifies for an exemption from rates under the NNDR (Unoccupied Property) Regulations.

Note - for the year ending 31 March 2010 the Government increased the threshold below which empty business properties are exempt from rates to £15,000. From 1 April 2010 this will increase to £18,000. From 1 April 2011 the threshold is reverting to its normal level which will be under £2,600 (previously £2,200).

Charities and community amateur sports clubs (CASCs) which own empty property will not be liable to rates for that property, as long as it appears it will be next be used for charitable purposes or the purposes of the club.

Listed buildings and those with a statutory protection continue to be permanently exempt. Companies in administration also benefit from permanent exemption whilst their properties remain empty.

Relevant extracts from the regulations can be viewed by following the link below:

More information about empty property rates (new window) is available on the Business Link website.

Can I get my property taken out of the rating list?

If your property is not capable of beneficial occupation - for instance if it is in poor condition and cannot be economically repaired - the Valuation Office Agency (VOA) may judge that it should be taken out of the rating list altogether.

Issues relating to valuation matters should be taken up directly with the VOA. Follow this link for contact details and directions (new window) to their Ipswich office. Their address and telephone number are given below:

Valuation Office Agency,
St Clare House,
Greyfriars,
Ipswich IP1 1LR.


Telephone: 03000 506030.
Fax: 03000 506090.

How will my rates liability be affected if my property is only partly occupied?

If a property is only partly occupied, the Council as the billing authority has discretion to request that the VOA apportions the property’s rateable value between the occupied and empty parts.

From 1 April 2008, as a consequence of the reforms to empty property relief, the empty part will receive a complete exemption from rates for the first three months it is empty (for the first six months if it is an industrial property).

After the initial rate-free period expires, in most cases the apportionment will cease to have effect and the occupied business rate will apply to the whole property. This will ensure that the occupiers can benefit from any occupied business rate relief’s to which they are eligible - such as Small Business Rate Relief (SBRR) - on the whole property, not just the occupied part.

However, if the property would qualify for the new zero rate or for an exemption from rates when empty, the apportionment will continue to have effect and the owner will not be liable for rates on the empty part.

Can I appeal against the change in my rates liability?

The changes in rates liability arising from the reforms to empty property relief are not in themselves grounds for appeal. However, if you disagree with the rateable value that appears in the current rating list entry for your property, under the existing arrangements you may challenge it by making a proposal against it to the VOA. Your rights of appeal are not affected by these reforms to empty property relief. Follow this link for information about making an appeal.

If you have any questions or would like further information please contact the Business Rates team on 01394 444544 or email businessrates@suffolkcoastal.gov.uk

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