ct-man-pn4-app1

Previous PageSection ContentsNext Page

Practice Note 4 : Appendix 1: Possible Band Changes due to disrepair or building works

EXAMPLE

IS A BAND CHANGE IMMEDIATELY POSSIBLE OR REQUIRED?

WHEN ANY WORKS ARE FINISHED?

1. House being
structurally altered
involving part
demolition.

EITHER – Deletion – because it no longer qualifies as a ‘dwelling’ under the ‘hereditament test’* because of the structural work.

The NEW ENTRY will be at the band appropriate for the current size, layout and character.

 

OR – None - Demolition of Part falls within the ‘Material Reduction’ definition (s.24(10)) but any reduction in banding may be prevented by Reg 4(2). Other works will be ‘material increases’.**

No banding upwards to a higher banding is permissible until there is a ‘Relevant Transaction’.

2. House being
converted to two flats

EITHER – Deletion - The property is no longer a ‘dwelling’ under the ‘hereditament test’* because it is neither a house nor yet two flats.
OR - IF exceptionally part of the house is still being used as living accommodation, THEN:-

When the flats are completed the NEW ENTRIES will be at the bands appropriate to their current size, layout and character.

 

EITHER – None - Where it is not possible to discern a distinct part which is occupied as a separate unit, the whole house will remain the dwelling.

When the flats are completed the NEW ENTRIES will be at the bands appropriate to their current size, layout and character.

 

OR – Deletion and creating dwelling.
Where it is possible to discern a distinct part, which is now occupied as a separate unit, THEN this will form a different dwelling and require an entry.

When the 2nd flat is completed this will be a NEW ENTRY at the band appropriate to its current size, layout and character.
Any improvements to the banded flat will be a ‘material increase’**, unless the curtilage of that flat has changed, in which case it will be a new dwelling.

3. House being
extended.

EITHER – None – because the extension will be a ‘material increase’** in relation to the existing dwelling.

No banding upwards is permissible until there is a ‘Relevant Transaction’.

 

OR – Deletion – but only if all of the property no longer qualifies as a dwelling under ‘hereditament test’* below.

 

4. House being
renovated involving
improvement.

FACT AND DEGREE:
EITHER – Deletion - because the extent of the ‘gutting’ renders the property incapable of beneficial occupation. The degree of repair works necessary being beyond normal repair, the whole property no longer qualifies as a ‘dwelling’ under the ‘hereditament test’*.

The NEW ENTRY will be at the band appropriate for the current size, layout and character.

 

OR – None – because a hereditament still exists being capable of occupation with a normal amount of repair, and the improvement works constitute a ‘material increase’**.

No upward banding is permissible until there is a ‘Relevant Transaction’.

5. House in poor repair.

EITHER – None - Mere disrepair does not come within the definition of a ‘material reduction’. Apply the hereditament test*.

 

 

OR - Deletion - due to it no longer qualifying as a ‘dwelling’ under the ‘hereditament test’* because of the severe degree of disrepair, beyond normal repair, constituting dereliction.

If extensive works of reconstruction are later carried out the NEW ENTRY will be at the band appropriate to the current size, layout and character.

*The ‘hereditament test’: Having regard to the ‘character’ of the property and a reasonable amount of repair works being undertaken, could the premises be occupied as a dwelling?

** Material increase: Building engineering or other operation carried out in relation to a dwelling. Thus a dwelling must exist for a material increase to take place “in relation” to it.

Previous PageSection ContentsNext Page