Exempt Dwellings

There are some homes that are exempt from Council Tax because they have been left empty in special circumstances or because they are occupied by certain types of people.

You should note that some of the exemptions are time-limited, once the exemption has expired then Council Tax empty property charges will be applied.

There may be additional qualifying criteria that need to be met.

If you feel that your home should be exempt you can apply for exemption by completing our application form PDF Acrobat File

The table below provides a summary of the circumstances in which an exemption can be applied, the descriptions provided are for guidance only.

Class Dwelling Types
A A property is exempt from council tax as uninhabitable if it is empty and requires, or is undergoing major repairs, to make it habitable.  Major repairs include structural alterations to the property.

To qualify for an uninhabitable exemption the property must be vacant, unfurnished and be undergoing major  repair works.

The type of things looked at when considering an application are as follows:

  • Substantial repairs to the main structure of the building for example roofs, walls and foundations.  A replacement roof may qualify but replacing a few tiles on a roof would not.
  • The cost and extent of work carried out will be taken into consideration.  Whilst individual jobs such as replacing central heating, replacement floors and ceilings would not qualify on their own.  The overall effect if all these jobs need doing could then mean qualification. 
  • General refurbishment or modernisation such as replacing old fashioned but serviceable kitchens and bathrooms will not be enough.

The exemption period can last for up to 12 months from when the property became uninhabitable.  The exemption applies to the property irrespective of ownership.  When the exemption period expires, Council Tax becomes payable at 100% of the full amount, if the property remains to be unoccupied.

The council should be informed as soon as a property becomes uninhabitable.  A property inspector will need to visit the property to verify the claim.  It is unlikely that the claim will be backdated unless substantive documentary evidence and dated photographs are received.

B

A dwelling owned by a body established for charitable purposes, which is unoccupied and has been for a period of not more than 6 months and was last used in furtherance of the objects of the charity will be exempt from unoccupied property charges for a period of up to 6 months.  The property may remain furnished.

C

To qualify for this exemption, the property must be both unoccupied and substantially unfurnished. The exemption runs from the date that both of these conditions apply and lasts for a maximum period of six months or until the conditions cease to be met. The six-month period relates to the property. If there is a change of ownership subsequently, the new owner is only entitled to the remaining part of the six-month period, as appropriate.

If the property remains unoccupied and unfurnished after the six month period has elapsed, 100% of the full council tax becomes payable.  If the property becomes occupied for a period of more than six weeks a further 6 month exemption may apply.

D

This exemption applies to unoccupied properties where the owner or tenant is detained in prison, hospital or other place of detention by order of the court. This exemption does not apply if the person has been detained for non-payment of council tax or fines.

No time limits are placed on this exemption.

E

This exemption applies where the owner or tenant has their sole or main residence in a hospital, care home or nursing home in which they are receiving care.

Confirmation will be sought from the relevant hospital or care home. Temporary stays in hospital or care homes do not qualify for this exemption.

No time limits are placed on this exemption.

F An unoccupied property may be exempt if the person who was liable has died and the property has remained unoccupied since the date of death. It does not need to be unfurnished.

An empty dwelling is exempt indefinitely if it has been unoccupied since the former owner's death and no grant of probate or letters of administration have been made. The exemption will end six months after probate or letters of administration. The exemption still applies if a relative or friend stays in the property briefly to deal with the affairs.   These exemptions are also applicable to empty properties where a tenant has died but a tenancy agreement has not yet ended and the rent remains payable.

The exemption can also apply if the property was not previously occupied but the deceased was the sole liable party.
G Empty property whose occupation is prohibited by law.
H Unoccupied property held available for use of ministers of religion from which to carry out their duties.
I This exemption applies when a dwelling becomes unoccupied and was previously the main residence of the owner who is resident elsewhere.  He/she must be resident elsewhere for the purpose of receiving care due to old age, illness, disablement, past or present alcohol or drug dependence or past or present mental disorder.
J This exemption applies when a dwelling becomes unoccupied and was previously the main residence of the owner who is resident elsewhere.  He/she must be resident elsewhere for the purpose of providing care due to old age, illness, disablement, past or present alcohol or drug dependence past or present mental disorder.
K Unoccupied where the person subject to the tax is a student and has been so since he/she last occupied the property.
L Property that has been repossessed under a mortgage.
M Student Halls of Residence.
N

A property is exempt from Council Tax if it is occupied only by students, school or college leavers and by certain spouses/dependants (where a foreign student is living with a foreign partner who cannot take employment because their entry visa to the UK prevents it). The students must be full time and currently undertaking a course at a prescribed educational establishment.

O Property owned by the Ministry of Defence and held available for occupation by serving personnel.
P Property occupied by members of visiting forces or certain international organisations.
Q Property left empty by a bankrupt.
R Unused caravan pitch or boat mooring.
S Property occupied only by people under 18 years of age.
T Unoccupied ancillary accommodation (e.g. annexes) which may not be let separately without being in breach of planning regulations.
U

A property is exempt from Council Tax if only severely mentally impaired persons occupy it. To qualify for the exemption, the person must have a certificate signed by a Medical Practitioner and be in receipt of a qualifying benefit.  This exemption will also apply if the property is occupied by only the severely mentally impaired and students, school or college leavers and by certain spouses/dependants (where a foreign student is living with a foreign partner who cannot take employment because their entry visa to the UK prevents it). The students must be full time and currently undertaking a course at a prescribed educational establishment.

V Property occupied by a foreign diplomat or a member of an international organisation headquarters in the UK

A property occupied by a person with diplomatic privilege or immunity is exempt from Council Tax as long as the person is not a British citizen. This exemption applies from 1 April 1997 onwards. The diplomatic privileges must be conferred by:

  • The Diplomatic Privileges Act 1964
  • The Commonwealth Secretarial Act 1966
  • The Consular Relations Act 1968
  • The Commonwealth Countries and Republic of Ireland (Immunities and Privileges) Order 198
  • To persons with a class mentioned, in relation to a specified organisation, in the international Organisations Act 1996 or,
  • Who is head of an office established as described in the Hong Kong Economic Trade Act 1996, And the person is not a British Subject, citizen, dependant Territories Citizen, National (overseas), Overseas Citizen, protected person or a permanent resident in the United Kingdom
W A Self contained annex, which is occupied by a dependent relative, where the relative is either over 65, severely mentally impaired, or substantially and permanently disabled.

 

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This page was last reviewed 8 November 2011 at 10:57 by Web Team.
The page is next due for review 6 May 2012.
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Bromsgrove District Council, The Council House, Burcot Lane, Bromsgrove, Worcestershire, B60 1AA - Directions to Council Offices