Appeals

If you think that your rateable value is wrong, you can make a proposal to alter it. This is known as making an appeal.

You have the grounds to appeal if you think that any of the following apply:

• The rateable value shown in the rating list is wrong.

• There has been a material change of circumstances which has affected the value of your property; i.e. a physical change to the building (if part is demolished or destroyed); a physical change in the local area (e.g.  major roadworks or flooding);a change in the use of the building or a change in the use of a neighbouring property.

• A valuation officer’s change in value of the property is wrong.

• A decision by a valuation tribunal, lands tribunal or higher court has affected your own valuation.

• Your property should be exempt, or part of it should be treated as a domestic property.

• Your property should be treated as more than one property for rating purposes or several properties should be considered as one property.

• There is another sort of error in the list entry.

If you do wish to appeal you should do so as quickly as possible. For most appeals there are limits on how far back any change in value can go.

If your appeal is successful and your rateable value is altered, the council will notify you of this by issuing a revised bill. However, until an appeal has been settled you must keep up with the payments as shown on your original bill. If you don’t, recovery action will be taken.

When your appeal is finally settled, the council will refund, with interest, where applicable, any amount which has been overpaid as a result of the appeal. Interest will not be paid if a liability order has been issued against you.

As a general rule, you can appeal against your rateable value at any time while the rating list is in force. For example, for the rating list which came into force on 1 April 2005, you can appeal until 31 March 2010.

If you decide to make an appeal it will not cost you anything; and you can do so in a number of ways;

• Ask the District Valuation Office for a form. One will be sent to you along with advice on how to fill it in.

• You can get a form from the Valuation Office Agency's website at www.voa.gov.uk

• You can write to your local Valuation Office to make your appeal ensuring that you include your name and address; the address of the property; a statement of the reasons why you think the value is wrong; the value you think should be given to the property.

Once your appeal has been received, the Valuation Office will consider your appeal and discuss it with you, and you will be given a provisional date for your appeal to be heard if it is not settled through discussions.

If your appeal cannot be settled through these discussions it will be heard by a Valuation Tribunal. This is an independent organisation set up to settle rating appeals.

Most cases are settled by agreement between you and the Valuation Officer. If you are unable to reach an agreement, your case will be considered at a hearing where both you and the valuation officer will be able to put your case before the tribunal.  After considering the information put before them the Tribunal will make a decision. You can be notified verbally at the end of the hearing but most decisions are sent by post.

If your case is to be heard before a Valuation Tribunal you are not committed to go to the hearing, however, it is better if you can attend, as you may be able to provide extra information to help the Tribunal to reach a decision.

It is important to remember that if your current charge is subject to transitional arrangements, a change in the rateable value of your property may make no difference to the amount you pay. This is because the change in rateable value may not lead to a lower bill than the one you are already paying as a result of transitional relief.

You do not have to have representation in the discussions about your rateable value or business rates bill. It does not cost you anything to appeal against your rateable value. However, it is possible to employ a rating adviser to make an appeal on your behalf. Before you employ a rating adviser you should check that they have the necessary knowledge and expertise to conduct the discussions and be aware that a charge will probably be made for their services.

Further Information

For further details on the valuation of your property and the appeals process you can contact your local Valuation Office. The address for Gedling Borough properties is as follows:-

Nottingham and District Valuation Office
Block 5
Government Buildings
Chalfont Drive
Nottingham
NG8 3RT

Telephone  0115 9800900

Or log onto the VOA website at: www.voa.gov.uk

Further details on the Valuation Tribunals is available on its website at www.valuation-tribunals.gov.uk