Make An Appeal
New guidance has been published regarding witnesses providing evidence by telephone or video when located in a country outside the UK. For more information, please see our taking of oral evidence from persons located overseas in tribunal proceedings .
There are 10 different types of appeals across 3 areas.
Non-Domestic Rates Appeals
The Assessors are responsible for maintaining the Valuation Roll which lists each non-domestic property in a local authority area and gives their Net Annual Value and Rateable Value. The Non-Domestic Rates (Scotland) Act 2020 introduced a two stage appeal system. If you don’t agree with an entry in the Valuation Roll you must first send the Assessor a Proposal which advises the Assessor of the Valuation Roll entry that you consider to be incorrect. The Assessor will issue a Proposal Determination Date and issue their decision on or before the Proposal Determination Date. The Assessor may decide to alter the entry in the Valuation Roll in accordance with the Proposal. Alternatively the Assessor may decide not to alter the entry in the Valuation Roll or may alter the entry other than in accordance with the Proposal. If you do not agree with Assessor’s refusal to amend the entry in the Valuation Roll or if you do not agree with the amended entry you can appeal to the Local Taxation Chamber. In complex or highly technical appeals applications can be made to the Tribunal for an appeal to be referred to the Upper Tribunal. If the Tribunal has decided not to refer an appeal to the Upper Tribunal an appeal against that decision can be lodged direct with the Upper Tribunal.
Non-Domestic Rates Complaints
The Assessors are responsible for maintaining the Valuation Roll which lists each non-domestic property in a local authority area and gives their Net Annual Value and Rateable Value. A complaint to the Local Taxation Chamber can be made about an entry in the Valuation Roll if you have interest but are not the proprietor, tenant or occupier of the property concerned.
Non-Domestic Rates Penalty Notice Appeals
The Chamber will also hear Non-Domestic Rates Penalty Notice appeals.
Appeals against Council Tax Banding
The Scottish Assessors are responsible for maintaining the council tax valuation list, which contains information relating to each domestic property in a local authority area. The Chamber will hear appeals regarding entries made by Assessors to the valuation list of domestic properties
Invalid Council Tax Banding Appeals
Council tax Banding Proposals must be sent to the Assessor within 6 months of the date that you first become liable to pay council tax for the Property. If you sent your Proposal to the Assessor more than six months after this date the Assessor will find that the Proposal is invalid. The Assessor will send you a Notice advising that the Proposal was invalid. The Assessor may also determine that Proposals are invalid due to lack of title or lack of information.
Council Tax Liability Appeals (Calculation of Council Tax Liability, Exemptions and Discounts)
The Chamber will also hear other council tax appeals such as the calculation of council tax liability, exemptions and discounts.
Council Tax Reduction Appeals
The Council Tax Reduction Review Panel (CTRRP) was established to hear appeals against how a local authority has calculated someone’s level of Council Tax Reduction. It provides an additional review function, beyond that provided by the relevant local authority and safeguards an individual’s right to administrative justice in relation to the Council Tax Reduction scheme. The functions of the CTRRP will transfer to the Chamber.
Council Tax Completion Notice Appeals
Completion Notices for new buildings are issued by the Assessor. The Completion Notice details the date erection of the Property is to be treated as completed. The Chamber will hear Completion Notice appeals.
Council Tax Penalty Notice Appeals
The Chamber will also hear Council Tax Penalty Notice appeals.
Water Charges Appeals
The Chamber will hear appeals against a Local Authority decision that water charges are payable or the calculation of water charges liability.