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The Non-Domestic Rating (Alteration of Lists and Appeals) (Wales) Regulations 2023

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This is the original version (as it was originally made).

Check of information about a hereditament

5.—(1) Subject to paragraphs (4) to (6), a person may not make a proposal unless a check of information about the hereditament has been completed (“a check”).

(2) A check consists of the steps in regulations 6 to 10.

(3) In these Regulations, a check is completed in relation to a hereditament on—

(a)the date on which the VO serves a notice under regulation 10(1), or

(b)the date on which the check is taken to be completed under regulation 10(3).

(4) Paragraphs (5) and (6) apply where—

(a)on a day (“the creation day”) falling on or after 1 April 2023, a hereditament (“new hereditament”) comes into existence because—

(i)property previously rated as a single hereditament becomes liable to be rated in parts,

(ii)property previously rated in parts becomes liable to be rated as a single hereditament,

(iii)a hereditament or any part of a hereditament becomes part of a different hereditament, and-

(b)on or after the creation day, any hereditament from which the new hereditament was formed in whole or in part (“historic hereditament”) was shown in a list.

(5) Where paragraph (4) applies—

(a)for the purpose of paragraph (1), a check in relation to a new hereditament will be deemed to have been completed where a check has been completed on or after the creation day in relation to each historic hereditament, and

(b)for the purposes of these Regulations, a check is completed in relation to a new hereditament on —

(i)the date on which the VO serves a notice under regulation 10(1) in respect of the final historic hereditament, or

(ii)the date on which the check in respect of the final historic hereditament is taken to be completed under regulation 10(3).

(6) In paragraph (5)(b), “final historic hereditament” means the final historic hereditament in respect of which a check has been completed as mentioned in paragraph (5)(a).

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