Page 27 - PWM2025_AUGUST EBOOK
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BETTER BUSINESS





                                                              ing at £60 /sqm, he says that the   which is an adverse finding.
                                                              burden is on the business to prove   In this regard, Midwinter cau-
                                                              its case.                  tions firms to remember that “a rat-
                                                               Regardless, the VOA should com-  able value can be increased as well
                                                              plete this stage within 18 months
                                                              but in practice seem to reach deci-  as decreased,” if, for example, the
                                                              sions in around 12 months.  floor areas of the property are actu-
                                                               If, at this point, the sides continue   ally higher than in the records held
                                                              to disagree, then the matter can be   by the VOA.
                                                              sent to an independent tribunal for   Indeed, Morrish says to “never
                                                              an Appeal. Here, as Izett says, “both   put your head above the parapet
                                                              ratepayer and the VOA present their   unless you are sure” of the facts.
                                                              respective cases to a panel of lay   But beyond this is the perennial
                                                              members to decide the correct value
                                                              of the assessment”.        risk of fraud or bad practice where a
                                                                                         so-called business rates consultant
                                                              Options                    can either charge fees for a non-
                                                               Apart from Check Challenge   existent service or worse, do such a
                                                              Appeal, another route that   ham-fisted job that the rateable
                                                              Midwinter advocates is to consider   value is increased through negli-
                                                              if there are any reliefs that can be
                                                              applied for.               gence.
                                                                                           It shouldn’t be a surprise, then,
                                                               Here he explains that “if any area   that Midwinter says that when seek-
                                                              of the premises is vacant then there   ing a review that it’s critical to seek
                                                              is the possibility of receiving short-  advice from a firm of qualified rating
                                                              term vacant rates relief. Also, if the   surveyors. In particular, he says to
                                                              property is open to members of the
                                                              public then the company may be eli-  “ensure that they are members of
                                                              gible for other [retail] reliefs”.  The Royal Institution of Chartered
                                                               Izett expands the point and says to   Surveyors (RICS), The Rating
      ber of reasons, all of which relate to data held by the VOA.  “look at small business relief which   Surveyors Association (RSA) or
       This is where the Check Challenge Appeal process comes into play.
                                                              is available and can zero a bill”, but   Institute of Revenues, Rating &
      Midwinter outlines how the process works.               “only if the rateable value is below   Valuation (IRRV). Members of
                                                              £12,000 and the business occupies a
       He says that the initial phase, Check, is to “agree factual matters such as   single property”, Izett then notes   these bodies have their work over-
      floor areas and use of the property”. The second part of the process is the   that the relief is tapered between   seen and must work to set stand-
      Challenge stage where the value (cost in £/sqm) of the property is chal-  £12,000 and £15,000.   ards.
      lenged. Midwinter says that if this can be agreed at Challenge stage then   Unfortunately, by definition, this   Izett agrees and adds that firms
      the process ends there, and any reductions are refunded to the ratepayer.   won’t be of use to anything other   should “do their homework before
      However, he warns that “if a figure cannot be agreed then the final stage is   than a very small operator.  agreeing instructions; unfortunately
      the Appeal to a valuation tribunal for it to determine the rateable value fig-  Overall, though, Morrish notes   there are a number of rogue agents
      ure”.                                                   that “local authorities offer very lit-
       He says that, in terms of Check, an agent will “inspect the property in   tle in the way of discretionary relief   out there”.
      question to ascertain the floor area, make notes on the standard of the   these days.”  Morrish thinks the same. He
      property and take photos”. He reiterates though, that the rent paid at the   And precisely because the whole   warns firms to “be wary... if some-
      property is also an important factor in determining the rateable value as   regime is complex, Midwinter con-  body can tell you your property is
      are rents paid by comparable properties in the locality.  siders it advisable to “take advice   over assessed without having under-
       Izett says there’s more to consider and adds other factual matters that   from a rating surveyor or business   taken suitable due diligence – that
      may be relevant such as specification, age and so on, “all of which may   rates professional to determine   is, they’ve inspected, measured and
      have an impact on the value of the assessment”.         what reliefs your company may be   crunched numbers – then they’ll
       But where there is a factual error Morrish reckons that “the VOA usu-  able to apply for”.
      ally sort it out within six months but should be given 12 months to com-           have remarkable powers”.
      plete”.                                                 Be careful                   Of course, a ratepayer can
       As to matters of opinion, Challenge, which Morrish takes to mean, for   Any statutory regime is going to   attempt to seek reductions them-
      example, a building assessed at £80/sqm but which should really be pay-  be riddled with traps, the greatest of   selves, but they’d be advised not to.

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