What are my legal rights if I buy a house and my council tax band increases?

We look at properties with a view to moving and pay close attention to what tax bracket they fall into, as we want to try to keep any future tax payments at a manageable level.

For example, if a property is marketed by an estate agent as being in band C, what legal rights, if any, do we have to ensure that when we buy the property and move, the property is in the C tire remains and is not sold? taken to a higher band by the municipality?

I ask this because when we bought our current property it was marketed as a D band, but was upgraded to an E band by the council as soon as we moved in. Keith Carey, Faversham

Jane Denton of This is Money responds: The council tax bands are important because they determine how much council tax you pay.

Council tax band valuations are based on the location and value of a property at a specific point in time, namely 1 April 1991 if it is in England.

Properties are grouped on the same basis, including residential properties purchased under discount schemes such as Right to Buy.

For homes in England, there are eight council tax bands, ranging from A to H. The higher the tax band, the more council tax you pay. Different thresholds and bandwidths apply in Northern Ireland, Scotland and Wales.

In England, a property in tax band C has a valuation between £52,000 and £68,000 as of 1 April 1991.

It won’t surprise you to hear that the council tax band system is much maligned and often considered outdated.

There are reasons to challenge council tax and property valuation, although these are limited.

The prospect of legal recourse against your estate agent or others if your council tax band changes is even more limited.

Expert: Nyree Applegarth is head of property litigation at Higgs LLP

Nyree Applegarth, head of property law matters at Higgs LLP, says: Unfortunately, when purchasing a home, there is no legal guarantee that the council tax bracket will remain the same after you move.

The fact that it is advertised as being in a particular band does not give you any recourse against the broker if they later change.

Although bands are based on the value of a property, some criteria from 1991 in England may change this.

A change can be stimulated by a change in the size of the house. For example, if the house has been expanded or divided into smaller apartments, it can move to a higher or lower band.

Your property’s affiliation may also be affected by the rebranding of similar properties nearby. Some councils are very keen on this, and if they know that they have given planning permission for an extension, for example, once that property has been sold, they will often write to the new owner to say that they want to do an inspection, with with a view to revisiting. -band formation.

If your council tax band changes, the Taxation Office (VOA) will send you a letter confirming this.

If you are notified during the conveyancing process that the property has been extended or changed, please note that the council tax band may change after you purchase the property.

In terms of legal rights, you can appeal the decision within six months of the VOA notifying you of the change in your council tax band.

You must complete an appeal form, with supporting evidence that justifies your disagreement with the VOA’s assessment. You must provide supporting documents. These can be found on the government website.

In short, you need to show that five similar properties, in size, age, design and type, in the same area are in a lower council tax band.

In addition, if you are in England, you will need to prove that the price of your property in 1991 does not fit the tax bracket it is currently in, and that no major changes have been made to the house in terms of design and size.

After registration, both you and the municipality have four weeks to submit additional supporting documents.

The appeal culminates in a hearing at the Valuation Tribunal, which is impartial and held remotely.

During the hearing, both parties present their case. You will be asked questions and you can also ask questions. The Tribunal’s final decision will be announced within one month of the hearing. This service is free and does not require legal representation. They are also made as informal as possible for legal proceedings, so that people feel at ease.

If you are successful in your hearing, the tribunal will order the VOA to change the list of council tax bands, which will normally take about two weeks.

If it doesn’t work, nothing will change. Unfortunately, council tax is usually at the discretion of the council, and homeowners cannot change their bill because they are dissatisfied.

If you cannot pay your council tax or are having difficulty, you can contact the municipality. They can help you spread payments or support you with discounts or discounts.

Tough talk: the selling agent cannot guarantee that municipal taxes will go down, says expert Michael Zucker

Michael Zucker, of broker Jeremy Leaf & Co, said: The council’s tax bands are based on the market value of each residential property, remarkably from 1 April 1991, but if subsequent alterations and improvements such as extensions or loft conversions have been carried out, the Valuation Office may consider it appropriate to place your property in a higher band.

It may be that changes were previously brought to the attention of the Valuation Office when purchasing a property and that this necessitated an adjustment to the bond.

When buying a property, it is a good idea to check the council tax band and annual amount payable online, rather than relying on the estate agent’s information.

The municipal tax to be paid can also vary greatly per municipality.

If the property has been extended, you or your solicitor should check with the seller whether the council tax band has previously been changed to reflect these improvements.

Since the municipal tax bands are based on historical values ​​from 1991, there can be many deviations.

Substantial Victorian terraced houses in inner-city areas that previously enjoyed little prestige may fall into a much lower tax bracket than a smaller, modern semi-detached house with a garage in the suburbs, even though the current value of the semi-detached house may be much lower.

The selling agent cannot guarantee that the municipal tax bracket will not change in the future, as it has no control over this.

It is up to you to do your own research and determine if the property appears to fall into the right band by looking at the bands of similar properties and locations.