Unoccupied, empty and uninhabitable

Unoccupied & substantially unfurnished - Prescribed Class C

We can charge a premium on properties that have been empty for more than a year.

Torbay Council decided from 1 April 2024, a 100% Council Tax premium would be applied to a vacant and substantially unfurnished property that had been continuously unoccupied for a period longer than one year as of 1 April 2024.

For the relevant Council decisions please refer to the below minutes.

Agenda for Council on Thursday, 8 December 2022, 5.30 pm

Agenda for Council on Thursday, 7 December 2023, 5.30 pm

The period a property is classed as being empty starts from the first day it is unoccupied and substantially unfurnished. A change in ownership does not break this period. If the property was empty before you purchased it, you will still incur the additional empty premium.

The government has made regulations to provide mandatory exceptions to the premium. These include:

• dwellings being actively marketed for sale or let (12 months limit). or
• dwellings requiring or undergoing major repair (12-month limit)

You can find a full list of the exceptions and further guidance relating to the premium here.

Uninhabitable properties – Prescribed Class D

A domestic property may be classed as uninhabitable if it is empty and needs, or is undergoing, major repairs to make it habitable. Major repairs can include structural alterations to the property.

What we mean by uninhabitable

To be eligible for a Council Tax Class D, the property must be:

• vacant (not lived in)
• unfurnished
• undergoing, or due to have, major repair works to make it habitable

When taking into consideration what can be ‘major repairs,’ we will look at:

• Substantial repairs to the main structure of the property. This could be things such as roofs, walls or foundations. Replacing a seriously defective roof would probably be sufficient. Repairing a few tiles would not.
• Individual works would not be enough to qualify when done individually. This could be things such as installing central heating, double glazing, re-plastering, rewiring, replacement of floors and ceilings. We would however consider the total effect of minor works when assessing an application.
• Consideration will also be given to the cost and extent of works needed to make the property fit to live in and the time that those works would take.
• General refurbishment or modernisation is not enough. This includes things such as replacing old-fashioned kitchens and bathrooms.

Structural Alterations

To qualify, any structural alterations would have to be substantive, or work in respect of subsidence. Minor items such as putting in a roof window or a porch would not be sufficient.

What you need to do

Complete the below form if you feel that your property may be uninhabitable. You need to provide:

• Evidence, such as a schedule (not a quote), showing all the work that is required. This must show clear evidence that the work has, or is due to be, undertaken.
• If structural work is required, a surveyor’s report detailing the work necessary to make the dwelling habitable.
• Date stamped photographs,
• Invoices, estimates, or receipts for all works undertaken or due to be undertaken.
• Planning application number and/or building control application number.

You would be expected to supply the above evidence for us to decide if the criteria have been met. If the evidence is not provided within the application, the prescribed Class D application will be rejected. Anything you provide (other than photographs), will need to show the property address.

If you think a property should be removed from the Council Tax list, you can challenge your Council Tax band. This would depend on the level of work that needs to be done. More guidance can be found on the Government website.