Valuation of hereditaments2

1

This regulation applies to a hereditament where, but for these Regulations, the rateable value shown on a rating list for that hereditament would be affected as a result of—

a

legislation of any country or territory;

b

provision that is not within sub-paragraph (a) but is made under, and given effect by, legislation of any country or territory;

c

advice or guidance given by a public authority of any country or territory;

d

anything done or not done by a person with a view to compliance with anything within sub-paragraph (a), (b) or (c).

2

For the purposes of determining the rateable value of a hereditament to which this regulation applies for any day on or after 1 April 2023, in applying the provisions of sub-paragraphs (1) to (7) of paragraph 2 of Schedule 6 to the 1988 Act, it must be assumed that on that day, any change to a relevant matter that was directly or indirectly attributable to legislation, provision, advice, guidance or compliance referred to in regulation 2(1)(a) to (d), had not occurred.

3

The assumption in regulation 2(2) is also to be applied for these purposes where any such change to a relevant matter occurred after the day specified under paragraph 2(3)(b) of Schedule 6 to the 1988 Act but on or before the day on which the rating list was compiled.

4

The relevant matters are—

a

matters affecting the physical enjoyment of the hereditament;

b

the mode or category of occupation of the hereditament;

c

matters which, though not affecting the physical state of the locality in which the hereditament is situated, are nonetheless physically manifest there;

d

the use or occupation of other premises situated in the locality of the hereditament.

5

In this regulation—

  • “the 1988 Act” (“Deddf 1988”) means the Local Government Finance Act 1988;

  • “hereditament” (“hereditament”) has the meaning given by section 64 of the 1988 Act;

  • “legislation” (“deddfwriaeth”) includes any provision of a legislative character;

  • “public authority” (“awdurdod cyhoeddus”) means a body, office or office holder that has functions of a public nature;

  • “rating list” (“rhestr ardrethu”) means a local non-domestic rating list or a central non–domestic rating list under Part 3 of the 1988 Act.