CCA

Question 1

What legislation enforced CCA

Answer 1

The Non-Domestic Rating (Alteration of Lists and Appeals) (England) (Amendment) Regulations 2017

Question 2

What is the first stage of the CCA process

Answer 2

First you need to register as an individual or organisation under the government gateway account

Question 3

What information is needed when registering

Answer 3

• National insurance number
• Date of birth
• UK passport
• P60
• Payslips

Question 4

Can you register on behalf of your client

Answer 4

It is a criminal offence to register on behalf of your client. A client however can register an agent as an assistant

Question 5

How do you claim a property

Answer 5

• Proof of relationship with the property must be given i.e. business rates bill or utility bill.
• An agent can claim a property for their client under their government gateway account as an assistant. However claiming a client’s property under your agent account is illegal and can lead to a criminal offence

Question 6

How do you appoint an agent

Answer 6

There is a unique agent code you must register

Question 7

Explain the check stage of the CCA Process

Answer 7

This is a factual check of matters even if you want to tell the VOA about other changes. Supporting documents such as plans and rental information will need to be submitted so that both parties can check that the current valuation is correct. The VO will change the entry in the list if they deem to be necessary. Occupants then have 4 months to submit an appeal

Question 8

Explain the challenge stage of the CCA process

Answer 8

If you are not in agreement with the VOA’s decision at the check stage then a challenge is submitted. This must be made 4 months after the check decision or 16 months if it is in regards to a material change in the locality. If you receive no notice from the VOA a submission can be made within 18 months

Question 9

Who can submit a challenge

Answer 9

Current owner or occupier
Previous owner or occupier
An agent authorised to act for either party

Question 10

How many times can you submit a challenge

Answer 10

You can’t submit a challenge against the same valuation for the same reason more than once. Unless it has a different effective date.

Question 11

Can you submit any additional information after a challenge has been made?

Answer 11

No, unless the information was not available when the challenge was submitted

Question 12

What outcomes may occur after a challenge decision

Answer 12

Well founded
Agreement
Disagreement
Withdrawn

Question 13

When is an appeal made

Answer 13

After the VOA’s challenge decision. This can be made within 4 months of their decision or 18 months if they do not respond. can be 16 months for an MCC

Question 14

How long does VTE take to issue a response

Answer 14

1 month

Question 15

Take me through the appeals process

Answer 15

Register on government gateway
Undertake check submission
Move to challenge stage
Make an appeal to valuation tribunal

Question 16

What is a GPCR?

Answer 16

This is a Group Pre Challenge Review where an agent can submit an appeal on behalf of a number of occupiers on the point of contention for example an MCC

Question 17

What is a RALD

Answer 17

Request from the VOA for Rent and Lease Details

Question 18

Name some grounds for making an appeal

Answer 18

• Valuation on 01-APR-2017 was incorrect
• Valuation is wrong due to a material change of circumstance
• A change made to the list by a Valuation Officer
• Incorrect valuation due to a recent Tribunal ruling
• Incorrect effective date shown
• New entry to be shown in list
• Deletion to be shown in list

Question 19

What are the 4 main responses to an appeal

Answer 19

Well founded
Agreement
Withdrawal
Disagreement

Question 20

How long does the VO have after an agreement or Valuation Tribunal to alter the rating list

Answer 20

2 weeks

Question 21

What are the types of appeal made to the Valuation Tribunal

Answer 21

• Against the rating list
• Council Tax appeal
• Transitional relief
• Completion notice
• Penalty notice made against the occupant for not submitting correct information

Question 22

Does the RICS have any guidance on appeals

Answer 22

Rating Appeals Guidance Note 2017

Question 23

What RICS standards and guidance are there for rating

Answer 23

Rating Appeals Guidance Note 2017 (appeals process)

Rating Consultancy Code of Practice (standards of practice for rating practitioners)

Question 24

what matters can be dealt with at the ‘Check’ stage?

Answer 24

• Confirm or change the information held
• Something external to the property has affected its value (an MCC)
• The property needs to be split from others (into two or more properties)
• The property needs to be merged with others (into one or more properties)
• The property is no longer used for business or has been demolished
• The property has been subject to a court decision

Question 25

What would make a Challenge incomplete?

Answer 25

a) the name, address and contact details of the proposer; b) the grounds of the proposal including the particulars on which each of the grounds is based (“particulars of the grounds of the proposal”); c) details of the proposed alteration of the list; d) the date from which the proposer asserts the proposed alteration should have effect; e) the date on which the proposal is served on the VO; f) evidence to support the grounds of the proposal; g) a statement as to how the evidence supports the grounds of the proposal.

Question 26

What is a small proposer?

Answer 26

A business that has employed fewer than 10 people on average in the last 12 months. In that same period, it must also have had a turnover or balance sheet of less than £2 million. Small proposers will have prioritised appeals undertaken

Question 27

What are the benefits of CCA compared to IPPs?

Answer 27

For the VO: - More onus on the appellant to supply accurate information (no speculative appeals) From the appellant: - Statutory time frame for the VO to respond - More transparent with information and valuation

Question 28

What makes a valid proposal?

Answer 28

Regulation 6 Alteration of Lists and Appeals 2009 the name, address and contact details of the proposer; the grounds of the proposal including the particulars on which each of the grounds is based (“particulars of the grounds of the proposal”); details of the proposed alteration of the list; the date from which the proposer asserts the proposed alteration should have effect; the date on which the proposal is served on the VO; evidence to support the grounds of the proposal; and a statement as to how the evidence supports the grounds of the proposal.

Question 29

What is the difference between a 2010 appeal and a 2017 appeal?

Answer 29

2010 IPP would go straight to appeal and VT if unresolved. A CCA appeal would first have to pass through the check and challenge stage before reaching an appeal and VT. Also the Alteration of Lists and Appeals Regulations 2017 apply

Question 30

If a check is made for an MCC what is the material day for that case?

Answer 30

The date of the confirmation of the check

Question 31

Can new evidence be introduced at the appeal stage?

Answer 31

No it cant unless it was not known to the parties at the time of the challenge

Question 32

What must Valuation Tribunals consider when looking at the current valuation

Answer 32

Consider whether the current RV is within the bounds of reasonable valuation judgement. this means that minor reductions deemed to fall within the bounds of reasonableness are to be disregarded

Question 33

What will the VO issue at the end of a check?

Answer 33

Check decision notice

Question 34

Give a brief overview of the challenge stage

Answer 34

Initial response issued Further discussion Decision notice if unresolved

Question 35

What is the cost for making an appeal?

Answer 35

£150 for small businesses and £300 for larger firms

Question 36

Give a brief overview of the check stage

Answer 36

IP registers on government gateway IP claims the property IP views details held by VO IP submits any factual changes (e.g. floor area) Check case raised Check decision notice issued based on evidence

Question 37

What regulations relate to validity of a challenge

Answer 37

Alteration of lists and appeals 2017 Regulation 4(1) which covers the possible grounds for the proposal such as a RV being inaccurate on the day the list was compiled (existing regulations) Regulation 6(4) to 6(6) which covers details of what a challenge must contain such as a proposed rating list alteration.

Question 38

Can IP's resubmit an invalid challenge?

Answer 38

IP can resubmit invalid challenge providing they are within the 4 month time limit