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TaxRobin, Tax Consultant
Category: Tax
Satisfied Customers: 17113
Experience:  International tax
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I have just had my flat changed from Band C to D based on estimated

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I have just had my flat changed from Band C to D based on estimated open market value at 1st April 1991. This is 14 years before the flats were even built. Is this legal?
HelloYou can appeal that is correct, but I can advise you that in Kensington and Chelsea all valuations are based on the assumed market value as at 1 April 1991, any increase or decrease in value caused by fluctuations in the property market after this date will not affect them. These are assessed by the Listing Officer of the Valuation Office Agency of the Inland Revenue, not by the Royal Borough. The ‘band value’ of a home is based on the amount it might have fetched on the open market in April 1991.
Customer: replied 2 years ago.
ok, but the Valuation Agency told me on the telephone that the basis for the band increase was because they made a mistake when they first valued these flats. I only purchased the flat 2 years ago on the basis that it was Band C. Can they just arbitrarily change the banding? fyi this is Woking Borough Council and the band change is being applied to the whole block.
They can change the band yes and you can appeal but your appeal is limited.The grounds for appeal about banding are restricted to the following cases:where you believe that the banding should be changed because there has been a material increase or material reduction in the dwelling's value;where you start or stop using part of your dwelling to carry out a business, or the balance between domestic and business use changes;where the Listing Officer has altered a list without a proposal having been made by a taxpayer;where you become the taxpayer in respect of a dwelling for the first time(your appeal must be made within six months but if the same appeal has already been considered and determined by a Valuation Tribunal it cannot be made again).I sincerely ***** ***** had better news for you.
Customer: replied 2 years ago.
Thanks, ***** ***** you had better news. I will still submit an appeal. I think that we can end the conversation here.
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