Can I be charged for retrospective council tax on a new build property?

[R0b]

[MENTION=15129]Crazy council[/MENTION] or anyone else who could can answer would be appreciated.

I've just moved into a new build flat and before signing any documents the estate agent had explained to me (November) that the property has not yet been valued but it would now likely be January when this happens. I did initially query whether the council would back date the council tax and he said no, they have no legal right.

Thinking about it, I am a little worried I will be lumped with a large monthly bill and I know councils have weird and obscure legal rights so if anyone can any this it would be helpful.

I would also like to know under what legislation allows them to do back date the CT and if there are any caveats to that such as, it may only be backdated for a number of months or they can only backdate it provided it is done within a number of months of moving in etc.

Cheers

[nemesis45]

Re: Can I be charged for retrospective council tax on a new build property?

Hello [MENTION=71570]R0b[/MENTION]

There's rules on this in New Build Completion Dates it seems fro a quick glance the date of 1st occupation triggers the start of CT liability.

nem

[Diana M]

Re: Can I be charged for retrospective council tax on a new build property?

I've just moved into a new build flat and before signing any documents the estate agent had explained to me (November) that the property has not yet been valued but it would now likely be January when this happens. I did initially query whether the council would back date the council tax and he said no, they have no legal right.

How refreshing to see an estate agent getting something correct

With a new build the Completion Notice (issued by the Local Authority) is when Council Tax first becomes due and payable - that's the date when the property first becomes a "dwelling" in official terms.

The Notice is served on the Owner at that time and they are liable for the Council Tax regardless of whether the property is occupied or not. The Owner has 28 days to appeal the Notice (e.g. if the property isn't habitable) but since you've now moved in I'm guessing the works are finished to a reasonable standard.

The Notice can be date-specific up to three months in advance (maybe that's why the agent referred to January being the start date for Council Tax).

A Completion Notice cannot be backdated.

If you need the legal stuff it's this: Schedule 4A of the Local Government Finance Act 1988 and Section 17 of the Local Government Finance Act 1992.

Enjoy your new home

Di

[Crazy council]

Re: Can I be charged for retrospective council tax on a new build property?

Hi

Great answers above, if your question related to changes to ct Valuation ( if its initialy valued at one ammoiunt, then subsiqently changed when formaly valued. Then yes, the CT would be backdated to the date of occupation, with teh new value or banding

I would also like to know under what legislation allows them to do back date the CT and if there are any caveats to that such as, i

i will dig out what i have, the maximum backdate ( as long as the person hasnt been dishonest or hid it ) is 6 years ( was in 2009 anyhow ). Also, to add to [MENTION=87380]Diana M[/MENTION] , the council themselves can put rules in around the administration of CT and NNDR, so you would need to ask the individual council, for there rules around the adminisrtation.

[R0b]

Re: Can I be charged for retrospective council tax on a new build property?

Thanks all, really helpful and I just wasn't sure as I tend to take responses from estate agents with a pinch of salt if I am not aware of the real answer!

Building was completed in August/September I believe and the estate agent did say the council have all the necessary paperwork from them.

I also received a notice from the estate agent confirming that they have informed the council so presumably I just for them to contact me.

Let's say for arguments sake, the Notice isn't served on me but I don't realise that it has been valued, can they backdate to the date of the notice or is it invalid until one is actually served on me?

[Lucifa42]

Re: Can I be charged for retrospective council tax on a new build property?

I moved into a new build property last year and my suggestion to you is to start putting money away now for the council tax, don't want until you get the bill/notice - especially at this time of year when it will need to be paid off before the end of March (I think?) so you don't want to suddenly be lumbered with a large bill and only a few months to pay it off.

I would also contact the council yourself to start the account up, don't rely on your estate agent having done it.

The wheels of local government move slowly. We moved in end of September 2015 and finally got our band mid December 2015 (and it was wrong...).