Part 8: 2017 Rating list and subsequent lists - England (CCA) summary

The Valuation Office Agency's (VOA) technical manual for the rating of business (non-domestic) property.

KEY WORDS

Proposals: part 8, is a comprehensive guide to Check, Challenge, Appeal (CCA) - the new regulations for 2017 rating lists onwards.

Part A includes a summary of the relevant legislation for CCA and a summary overview of Check, Challenge and Appeal processes. There are also definitions of Interested Persons (IPs) and other terminology for CCA.

Part B covers the Check procedures including facts, time period, request for information held (reg 4B), confirmation of Check (reg 4C), material day and Check, completion of Check and notification of Check (Regs 4E & F). Time limits for Check and deemed completion.

Part C (1-4) covers Challenge and the time limits for CCA proposals. Evidence to be submitted with a proposal, standard of proof, incomplete proposals (reg 8), Billing Authority rights under CCA, penalties (reg 9). Also included are CCA grounds for proposal and interpretation (reg 4), compiled list appeals, inaccurate VO alteration, tribunal decisions causal link (with reference to Downing VO v Corby Power Ltd, Tuplin v Focus), deletions and requesting other changes to a rating list. This part also covers restrictions on making proposals under CCA, CCA and PICO, CCA unlawful proposals, CCA MCC proposals, content of proposals, requirement for rents on proposals, CCA proposals as public documents and requesting copies.

Part C (5) also covers incomplete proposals and procedures for refusing a proposal under CCA (reg 8), inaccuracies in CCA proposals (Alam v Stoyles, Imperial Tobacco), submitting further proposals after refusal, time limits on CCA proposals and restrictions on making proposals.

Part C (6-8) covers the Challenge procedures, notification of parties, considering evidence and initial response, factual information not agreed, survey data, plans and inspections, submission of new facts. Establishing facts at the material day, comparable evidence, RV of comparable properties incorrect, Reg 17 notice, ‘without prejudice’, unlawful proposals, scope of proposal, errors in proposal, MCCs and CCA, initial response procedure, rental evidence and initial response,  determining the proposal for CCA, well founded, withdrawal and substitute proposers, agreements, decision notice procedure and service.  Identification of IPs and notification to various parties. Rights of parties during CCA challenge, BA, landlords, ratepayers and former IPs. Vacant property.

Part D covers penalties (reg 9) and false or inaccurate information, false in the material particular, penalty notices and recovery of a penalty and appeals against a penalty notice.

Part E covers CCA appeals, legislation and procedure, who can make an appeal under CCA, parties to an appeal, making an appeal under CCA, time limits for appeal, notice of appeal, CCA fees, appeal process. Checking papers sent to VT via portal. Decision without a hearing. Additional or further evidence at Appeal stage. Errors in documentation on appeal. Admission of new evidence at appeal under CCA. Presenting evidence at appeal stage. Settlement of CCA appeals. Consent orders, well founded at appeal stage, other orders. CCA Process guide.