Tosh

Thanks @newhome. I agree - argue to take it off the ratings list seems the most logical approach. I also read the case law article and is my Plan B if the fight gets messy but hopefully council will see sense Interesting piece about when council tax is due so will keep that up my sleeve. Thanks for all the advice everyone.

Thanks all. My take on this, rightly or wrongly, is this.... The property has full planning permission for change of use from commercial to residential so my investigation was based around when that change of use actually takes effect. From the Town and Country Planning Act it says a change of use commences once development starts. So then I looked up the definition of development as seen by the TCPA. It states that: In order to lawfully commence development it is necessary to satisfy the legal requirements in section 56(4) of the Town and Country Planning Act 1990. This says that “development is taken to be begun on the earliest date on which a material operation is carried out”. A material operation is defined in the Act and can include any works of construction, demolition, digging foundations, laying out or constructing a road and a material change in the use of the land. Given that I've been undertaking demolition, landscaping, making access points etc it would appear that the change of use has taken effect and therefore it is now a residential property. Will I have to pay council tax on the property whilst we're converting it? BTW we're not living on site however I guess we could be classed as occupying it? My thoughts though are at least the council tax would be less than the business rates as I would imagine we'd be on the lowest banding until we finished the house and then be re-banded? Thoughts??

Well - here we go. Just over six months into our project and first encounter with CC and VOA. Here's the story: We bought our site in Nov 17. It was advertised as a building with PP in place to convert to residential. At no point during the conveyancing process were we informed that business rates were payable and at no point did my solicitor mention anything. About 2 months ago we received a bill from the CC for empty premises commercial rates. I said to them that we had started development as defined under their T&CPA and therefore initiated the conversion to residential per the planning permission therefore it was unlawful to use it as commercial. They said all buildings must be rated either domestic or non-domestic. I said how can that be when you're building a new property or converting a building - you don't start paying council tax until you occupy it? They said they'd put the demand on hold until the VOA had assessed it. Well the rep came out today and said the building could still be used. I said how can that be since this was a construction site under H&S law. The building itself has been stripped of electric, there's scaffolding up inside it, the only reason it's still up is because we are retaining the frame, various ancillary buildings are/have been demolished, there's 30T of stone on the yard, there're trenches for electric/drainage all over the shop. Who the hell is going to occupy the site, even if they could? Anyone else had similar problems?

@Ferdinand We checked this with the council and we're exempt thankfully.

Is 'interesting' code for crazy ? Thanks for the reassurance and I'll try n get some pics up tmrrw.

I have wondered about a blog (been keeping a non-digital version e.g. site diary!) but wouldn't know how to set it up - any pointers?

Hi all, Last year, after many years searching, we found our dream project i.e. right location, friendly neighbours, right price etc. We sold our house in the mid welsh borders in July 17 and completed the purchase on our new plot, also in the welsh borders, in Nov 17. The site is an old commercial timber yard set in 1.5 acres and we bought it with planning to convert the main steel portal frame workshop into the principle house and one of the sheds into ancillary accommodation. A soon as we purchased we put in for some variations to the planning conditions and were promptly rewarded with no objections and permission granted end of Jan 18. We are currently going through the painful process of getting the SE to provide a scheme/calculations that meets our design brief and thus allows the architect to proceed with dwgs to BC. In the meantime we've being clearing the site which has been more or less abandoned for 10yrs, and demolishing some redundant buildings. I've felt like an extra in Day of the Triffids what with cutting down 20ft high brambles! Guess that's enough about me for now so look forward to sharing our experiences with you all over the coming months (years?). Toot toot.