North Ayrshire Council

North Ayrshire Council, Cunninghame House, Irvine, Scotland, KA12 8EE
Fax: +44 (0)1294 324144  Overseas: +44 1294 323963
 

Council tax – Exemptions

 

The council tax exemption scheme may exempt unoccupied, unoccupied and unfurnished and occupied properties from council tax. Here are the details of our tax exemptions, and how to apply.


Exemption from Council Tax can be granted under 24 separate categories. These have been split into two sections, most common enquiry types| and other exemption categories|.

 

 Most common exemptions

 For information on applying, including an application form for the most common exemptions, follow the links under each heading. These have been split in to Unoccupied and Unfurnished|, Unoccupied|, and Occupied| properties. 

 

Property which is empty and unfurnished|

Property which is empty, unfurnished and undergoing major repair or structural alteration|

Exemption of a deceased persons estate|

Discount / Exemption for Long Term Care or Residential Hospital|

Exemption for a Person Providing Care|

Exemption for Charities|

Exemption for Church Manses|

Exemption for a Repossessed Property|

Discount / Exemption for Students and Student Nurses|

Exemption for Occupiers Under the age of Eighteen|

Discount / Exemption due to Severe Mental Impairment|

Exemption Form for Periods Between Tenants| 

 

Unoccupied and Unfurnished Properties


 

Property which is empty and unfurnished

The maximum period of exemption for a new or existing property which is empty and unfurnished is six months. In the majority of cases a six month exemption will be calculated from the start date of the exemption claim. However, it is important to note that if an exemption has been awarded against the property then that previous empty period may count towards those six months. The only time where this does not apply is where the property has been occupied or furnished for 6 weeks or more immediately before the start date of your claim. If the property is still unoccupied and unfurnished after six months, a 50% discount will be awarded for a further six months after which the discount will be reduced to 10%. The empty and unfurnished application form  |(PDF, 92kb) has been split into three sections as detailed below. Only complete the section which is relevant to your circumstances.

 

Section 1

Complete this section if you and your family now live in another house. This excludes moving in with a new partner, relative or friend, please see Section 2 for this.

 

Section 2

Complete this section if you and your family have now moved in with a new partner, friend or relative.

 

Section 3

Complete this section, if you have purchased or rented an unfurnished property and do not intend to move in immediately.

 

If you qualify for an exemption, we will send you a replacement Council Tax bill showing the reduced sum due. If the claim is unsuccessful or we require further information we will telephone or write to you.

 

Review of the Exemption

The exemption will continue for the specified period providing the qualifying criteria are being met. However, North Ayrshire Council will conduct a review of the circumstances by contacting you by telephone or email. If at any time you believe the reduction no longer applies then you must contact the Council immediately.

 

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Property which is empty and unfurnished and is undergoing major repair or structural alteration.

An unoccupied property may be exempt from Council Tax and Water Service charges

while it is undergoing major repair or structural alteration. The exemption may be for a maximum period of 12 months from the last date of occupation. The exemption will

continue for up to six months from the date that the work is substantially completed,

provided that this does not take the total period of exemption to more than 12 months.

To apply for an exemption the person liable for Council Tax should complete the major repair or structural alteration form| (PDF, 96kb), sign the declaration and return it to the address shown at the bottom of the page. The application should provide details of the period that work will be carried out, a full description of the work and the name and address of any contractor. Evidence to support the claim that the property is empty and undergoing major repair or structural alteration should be sent with the application.

We may carry out an inspection of the property and the application should provide a current daytime telephone number at which you or a representative may be contacted to arrange this.

 

To qualify for an exemption –

• The property must be unoccupied and

• must be undergoing or have undergone major repair work or structural alteration to

  make it habitable.

 

Major repair work means that repairs must be significant and not of a general nature and must be required to make the property capable of occupation. It is important to provide as clear a description as possible of the repair or structural work to be carried out or completed, with actual or estimated start and completion dates. If you estimate the completion date you must let us know when work actually ends.

Evidence must be provided in support of the application that demonstrates the nature and extent of works. It must also confirm that work will / has commenced on the property.

 

The following types of evidence would be acceptable –

• Photographs of each room to show the present condition of the property.

• Letters from contractors showing the type of work to be undertaken.

• Copy receipts for materials purchased.

• Copy of planning approvals. (NB. Planning Applications only confirm that the property is in need of

   major repair and that work will be carried out. This evidence must be supported by confirmation of when the

   work will/has commenced.)

• Copy plans or drawings showing the improvement work or structural repairs.

• Any other documents that support the application.

 

If the liable person qualifies for an exemption we will send a replacement Council Tax bill showing the reduced sum due. If the claim is unsuccessful or we require further information we will contact you.

After the period of exemption has expired a 10% discount will be awarded if the property is no one's sole or main residence.

If you are a new owner of a property that, is undergoing major repair or structural alteration to make it habitable you may not be awarded an exemption due to time scales. However, with effect from 1 April 2005 you will be awarded a 50% discount for a maximum period of six months. Thereafter the discount will be reduced to 10%.

 

Review of the Exemption / Discount

The exemption / discount will continue for the specified period providing the qualifying criteria are being met. However, North Ayrshire Council will conduct a review of the circumstances by contacting you by telephone or email. It may also be necessary to visit the property. If at any time you believe the reduction no longer applies then you must contact the Council immediately.

 

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 Unoccupied Properties

  

Exemption for the Estate of a Deceased Person

An unoccupied property, whether furnished or unfurnished may be exempt from Council Tax and Water Service charges where it is empty due to the death of the sole resident. Exemption can be awarded for an unlimited period after the date of death. Where a Grant of Confirmation is to be obtained exemption will be granted for a maximum period of six months from the date of Confirmation. Thereafter, a discount of 10% will apply. The discount will apply until the property transfers to a new owner or tenant. However, if the title of the property is already held by another party exemption will only be awarded under this category for the period after the date of death to clear the property if a tenancy agreement was in place. If the property was tenanted with no tenancy agreement (e.g. a property is owned by a son / daughter and is tenanted by their mother or father) the Council Tax will be the responsibility of the registered owner of the property from the date of death.

 

A Grant of Confirmation is the legal title to allow the executors or appointed executors to uplift an estate and distribute it. A formal application is made to the Sheriff Court in order to allow Confirmation to be granted. Your solicitor will be able to provide you with the Date of Confirmation if obtained. However, a Grant of Confirmation is not always required for an estate.

 

To apply for an exemption the executor or person administering the affairs of the deceased person should complete the Estate of a deceased person application form| (PDF, 77kb), sign the declaration and return it to the address shown at the bottom of the page. The application should provide details of the executor or solicitor handling the affairs, the expected date of the Grant of Confirmation (if one is required) and details of any new owner. A copy of the Grant of Confirmation should be forwarded once obtained or date provided. We will work out how much council tax is due at the date of death, deduct any payments made and refund any overpaid sums to the estate of the deceased person. The estate remains liable for any outstanding sums due to the Council.

 

If the estate/executor qualifies for an exemption we will send a replacement Council Tax bill showing the reduced sum due. If the claim is unsuccessful or we require further information we will telephone or write to you.

 

Review of the Exemption

The exemption will continue for the specified period providing the qualifying criteria are being met. However, North Ayrshire Council will conduct a review of the circumstances regularly by contacting the executor of the estate or the solicitor dealing with the estate. If at any time you believe the exemption no longer applies then you must contact the Council immediately.

 

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Discount / Exemption for Long Term Care or Residential Hospital

The Council Tax and Water Service charges on a property may be reduced where one or more adult residents receive personal care in a hospital or residential home or from a relative elsewhere. When after excluding persons receiving care elsewhere there is only one person who has sole or main residence the council tax will be reduced by 25%. Where the property is empty because the persons normally resident are considered to have their sole or main residence at the place they receive care, the property will be exempt from council tax and water service charges.

A person may be disregarded if their sole or main residence is in a National Health Service, Private or Armed Forces Hospital or in a residential care home, nursing home or hostel where they receive care or treatment.

 

To apply for a discount or exemption on the basis of receiving personal care, the person liable to pay the Council Tax or someone acting on their behalf should complete the Long term care application form  |(PDF 33kb), sign the declaration and return it to the address shown at the bottom of the page. The application should provide details of the property and the location, periods and type of care or treatment, and where appropriate this should be confirmed by the hospital or home. There are no set periods that define sole or main residence where a person receives care elsewhere. The application should give as much information as possible to allow us to reach a decision.

If you qualify for a discount we will send you a replacement Council Tax bill showing the reduced sum due. If the claim is unsuccessful or we require further information we will telephone or write to you.

 

Review of the Exemption / Discount

The exemption / discount will continue providing the qualifying criteria are being met. However, North Ayrshire Council will conduct a review of the circumstances by contacting the next of kin, the nursing home or hospital. There is a contact section included on this form which should be completed with the relevant details. If at any time you believe the reduction no longer applies then you must contact the Council immediately.

 

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Exemption for a Person Providing Care

The Council Tax and Water Service charges on a property may be reduced where one or more adult residents provide personal care elsewhere. To qualify for exemption the property where the person(s) normally resides would have to be empty (but can still be furnished) because they are considered to have their sole or main residence at the place they provide care. The fact that a person is resident at another address for a period of time doesn't automatically mean that an exemption will be granted.

The Council needs to establish a persons sole or main place of residence.

To apply for exemption on the basis of providing personal care the person liable to pay the Council Tax should complete the Person providing care application form| (PDF 81kb), sign the declaration and return it to the address shown at the bottom of the page. The application should provide details of the property that is currently empty and the address where care is currently being provided.

 

There are no set periods that define sole or main residence where a person provides care elsewhere. The application should give as much information as possible to allow us to reach a decision. If you qualify for an exemption we will send you a replacement council tax bill showing the reduced sum due and a letter confirming exemption has been awarded. If the claim is unsuccessful or we require further information we will telephone or write to you.

 

Review of the Exemption / Discount

The exemption will continue providing the qualifying criteria are being met. However, North Ayrshire Council will conduct a review of the circumstances by contacting you by telephone or email. If at any time you believe the reduction no longer applies then you must contact the Council immediately.

 

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Exemption for Charities

An unoccupied property may be exempt from Council Tax and Water Service charges where it is owned by a charity and when last occupied was occupied and used for charitable purposes. This exemption lasts for a maximum of six months from the date the property was last occupied. To apply for an exemption please supply the details requested, sign the declaration and return the Charities exemption application form| (PDF, 78kb) to the address shown at the bottom of the page, together with any supporting documentary evidence.

 

If you qualify for an exemption, we will send you a replacement Council Tax bill showing the reduced sum due. If the claim is unsuccessful or we require further information we will contact you.

 

Review of the Exemption

The exemption will continue for the specified period providing the qualifying criteria are being met. However, North Ayrshire Council will conduct a review of the circumstances by contacting you by telephone or email. If at any time you believe the reduction no longer applies then you must contact the Council immediately.

 

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Exemption for Church Manses

An unoccupied property may be exempt from Council Tax and Water Service Charges indefinitely if the unoccupied property is held by a religious body for occupation by a minister of religion as a residence to perform the duties of that office.

To apply for an exemption please supply the details requested, sign the declaration and return the Church Manse exemption form| (PDF, 79kb) to the address shown on the bottom of the form, together with any supporting documentary evidence.

 

If you qualify for an exemption, we will send you a replacement Council Tax bill showing the reduced sum due. If the claim is unsuccessful or we require further information we will contact you.

 

Review of the Exemption

The exemption will continue for the specified period providing the qualifying criteria are being met. However, North Ayrshire Council will conduct a review of the circumstances by contacting you by telephone or e-mail. If at any time you believe the reduction no longer applies then you must contact the Council immediately.

 

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Exemption for a Repossessed Property

Properties that have been repossessed by a bank or Building Society may be exempt from Council Tax and Water Service Charges from the date of repossession.

To apply for an exemption please provide the information requested, sign the

declaration and return the Reposessed property application form| (PDF, 79kb) to the address shown on the form together with supporting evidence. If you qualify for an exemption, we will send you a replacement Council Tax bill showing the reduced sum due. If the claim is unsuccessful or we require further information we will telephone or write to you.

 

Review of the Exemption

The exemption will continue for the specified period providing the qualifying criteria are being met. However, North Ayrshire Council will conduct a review of the circumstances by contacting you by telephone or email. If at any time you believe the reduction no longer applies then you must contact the Council immediately.

 

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Occupied Properties

 

  

Discount / Exemption for Students and Student Nurses

The Council Tax and Water Service charges on a property may be reduced where one or more adult residents are participating in full-time education.

When counting the adult residents in a property students and student nurses may be

excluded. When after excluding students and student nurses there is only one person

resident in the property, the Council Tax may be reduced by 25%. Where all the residents in the property are students the property may be exempt from Council Tax and water service charges.

 

The definition of a student is as follows:

1. A person taking a specified course of education at a United Kingdom university or

    further education establishment which lasts for at least 24 weeks within each academic year and where the

    period of study consists of, on average, 21 hours per week.

2. A person under 20 taking a specified course of education at an educational

    establishment where the period of study exceeds on average, 12 hours per week and

    the course taken is not as a consequence of an office or employment held, or arranged under any of the

    youth training schemes.

3. A person registered with the Central Bureau for Educational Visits and Exchanges and working as a

    foreign language assistant at a school or other educational institution in Great Britain.

 

The definition of a Student Nurse:

A person who is undertaking an academic course at university or college, or who are on a Project 2000 course that would, if successfully completed, lead to first time registration under:-

1. Part 1 to 6 , 8 or 11 of the Register maintained under Section 19 of the Nurses

    Midwives and Health Visitors Act 1979.

2. Part 10 of the above Register where a Health Board, Regional or District Health

    Authority employs that person.

 

To apply for a student discount / exemption the person liable to pay the council tax should complete the Student discount / exemption form| (PDF, 33kb) with the following information:

 

• details of the course of study attended by the student which has to be confirmed by the educational establishment.

• attach a copy of the student's bursary award or student loan award letter.

• sign the declaration.

 

If you qualify for a student discount / exemption we will send you a letter confirming the award and a replacement Council Tax bill showing the reduced sum due. However, no bill will be issued if the balance is zero. If the claim is unsuccessful or we require further information we will telephone or write to you.

 

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Exemption for Occupiers Under the age of Eighteen

 An occupied property may be exempt from Council Tax and Water Service Charges if the occupant(s) are under the age of eighteen. The property will remain exempt from the Council Tax until the occupant reaches 18 years of age.

 

To apply for an exemption please supply the details requested, sign the declaration and return the Under eighteen application form| (PDF, 78kb) together with any supporting documentary evidence.

If you qualify for an exemption, we will send you a replacement Council Tax bill showing the reduced sum due. If the claim is unsuccessful or we require further information we will contact you.

 

Review of the Exemption

The exemption will continue for the specified period providing the qualifying criteria are being met. However, North Ayrshire Council will conduct a review of the circumstances by contacting you by telephone or email. If at any time you believe the reduction no longer applies then you must contact the Council immediately.

 

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Discount / Exemption due to Severe Mental Impairment

When counting the number of adult residents in a property, a severely mentally

impaired person may be excluded. Where after excluding persons who are severely

mentally impaired there is only one person who has sole or main residence in the

property the Council Tax will be reduced by a 25% discount. When the sole resident

or all residents are severely mentally impaired, the property may be exempt from

council tax.

A severely mentally impaired person is a person who has an apparently permanent

severe impairment of intelligence and social functioning, as certified by a registered

medical practitioner, and who is receiving one or more of the following state benefits:

• Incapacity Benefit

• Attendance Allowance

• Severe Disablement Allowance

• The highest or the middle rate of the care component of Disability Living

   Allowance

• An increased rate of Disablement Pension

• Disabled Person's Tax Credit

• Un-employability Supplement

• Constant Attendance Allowance under the Personal Injuries (Civilians)

   Scheme or the Naval, Military and Air Forces etc., (Disablement &

   Death) Service Pension Order

• An Un-employability Allowance under the legislation above

• Income support which includes a disability premium 

• Employment and Support Allowance payable under Part 1 of the Welfare Reform Act 2007

 

To apply for a reduction please provide the information requested within the severely mentally impaired application form| (PDF, 39kb), sign the declaration and return it to the address shown on the form. A separate application is required for each person who is severely mentally impaired. Each application requires evidence that the benefit is being paid and the date it has been paid from to ensure that any discount or exemption can be awarded from the earliest possible date and a doctor's certificate.

 

If you qualify for a reduction, we will send you a replacement council tax bill showing the reduced sum due. If the claim is unsuccessful or we require further information we will telephone or write to you.

 

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Council Tax Exemption for Periods Between Tenants

An unoccupied and unfurnished property may be exempt from Council Tax and Water Service charges. The maximum period of exemption is six months. In the majority of cases exemption will be calculated from the start date of the empty claim. However, it is important to note that if exemption has already been awarded against the property then that previous empty period may count towards the six-months. The only time this does not apply is where the property has been occupied or furnished for 6 weeks or more immediately before the start date of the claim.

To apply for an exemption for periods between tenants| (Word, 34.5KB) please supply the details requested, sign the declaration and return this form to the address shown below, together with any supporting documentary evidence this form is also available in PDF format - exemption for periods between tenants PDF| (PDF, 35.4kb). 

If you qualify for an exemption, we will send you a replacement Council Tax bill showing the reduced sum due. If the claim is unsuccessful or we require further information we will contact you.

  

 

Other Exemption Categories

 

 

The following categories make up the remainder of the 24 exemption types and are split into Unoccupied and Unfurnished|, Unoccupied| and Occupied| properties

 

Exemption for property on land used for Agricultural, Pastoral or Poultry farming|

Exemption for property last occupied by a student or students|

Exemption were property is unoccupied and liable person or persons are students|

Exemption where occupation is prohibited by law|

Exemption for person detained in prison|

Exemption where liability is due by a Permanent Trustee|

Properties held by Housing Associations for disabled persons or persons of pensionable age|

Exemption for properties that form part of another house and are difficult to let|

Property owned by a Housing body and is to be demolished|

Exemption for property held for armed forces accomodation|

Exemption for property held and used for armed forces accomodation|

Exemption for student halls of residence|

Exemption for a member of a visiting force|

 

 

Unoccupied and Unfurnished Properties

 

 

Exemption for property on land used for Agricultural, Pastoral or Poultry farming

A property situated on land used for:

1. Agricultural or pastoral purposes only

2. Woodlands, market gardens, orchards, allotments or allotment gardens

 

Poultry farming where the land exceeds 1/10 hectare, which when last occupied and used, was occupied and used in connection with those lands.

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Unoccupied Properties

 

 

Exemption for property last occupied by a student or students

Property which when last occupied, was occupied by a student or students. In order to qualify confirmation is required that the property was previously occupied by a student or students.

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Liable person or persons are students

In respect of which the person liable to pay Council Tax is a student or all the liable persons are students. To qualify proof is required of the liable person's student status i.e the course of education must be for at least 24 weeks within each academic year. The expected period of study is, on average, at least 21 hours per week.

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Exemption where occupation is prohibited by law

Where occupation is prohibited by law. In order to qualify the property must be subject to a Closing Order prohibiting occupation of the property.

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Exemption for person detained in prison

Which when last occupied was occupied by a person who is detained in prison.  A person is not considered to be detained if they are being held for non-payment of a fine.

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Exemption where liability is due by a Permanent Trustee 

Where Council Tax liability is due by a Permanent Trustee, appointed in terms of the Bankruptcy (Scotland) act 1985. To qualify confirmation from the Permanent Trustee of Bankruptcy must be provided.

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Exemption for properties held by Housing Associations for disabled persons or persons of pensionable age

Which is held by a registered Housing Association for occupation by disabled persons or persons of pensionable age. To qualify confirmation from the Housing Association must be received that the property being held is empty for this purpose.

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Exemption for properties that form part of another house and are difficult to let

Property which forms part of, or is included with, another house and is difficult to let separately from that other house. Proof is required that property is difficult to let separately. This proof should be in the form of copy adverts, which should be, or have been, placed at reasonable intervals in newspapers, estate agents, etc. The adverts should also be fair and unrestrictive, and should reflect reasonable terms and conditions

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Property owned by a Housing body and is to be demolished

Which is owned by a housing body and is to be demolished. To qualify confirmation must be provided from housing body that property is being held empty for demolition.

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Exemption for property held for armed forces accomodation

Which is held by the Secretary of State for Defence and held for armed forces accommodation. To qualify confirmation must be received from the Ministry of Defence that that the property is being held for this purpose.

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Occupied Properties

 

 

Exemption for property held and used for armed forces accomodation

Which is held by the Secretary of State for Defence and used for armed forces accommodation. To qualify confirmation must be received from the Ministry of Defence that that the property is being held for this purpose.

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Exemption for student halls of residence

In student's halls of residence where the sole occupant or all the occupants are students. To qualify confirmation must be provided from college/university that student is resident in halls of residence.

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Exemption for a member of a visiting force

Where Council Tax liability is due by a member of a visiting force, or a dependant of such a person, within the meaning of the Visiting Forces Act 1952. To qualify confirmation must be provided from the relevant force confirming the members' status.

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 Further information and advice on exemptions can be obtained from our Council Tax line on 0845 603 0592

 

You may also be interested in some information leaflets we produce on

Council tax advice for people with Alzheimer's Disease| (PDF, 121kb)

Council tax advice for disable people and those who provide or receive care| (PDF, 365kb)

Council tax advice for the bereaved| (PDF, 122kb)

Will you return my supporting evidence documents to me?
Yes, If you send the original in or if you request the evidence to be returned.

When I send in the supporting evidence (for council tax discounts, etc.), is a copy OK or do you need original documents?
A copy is okay for the supporting evidence.

What circumstances mean that a property may be eligible for exemption from council tax?
Unoccupied properties, and properties wholly for religious purposes are usually exempt from council tax. Full-time students, under-18 year olds, members of the armed forces and people with severe mental impairment are also exempt from paying council tax.

I have moved to a new address but have not yet sold my old property, can I apply for any council tax reduction?
If the property you have vacated is unfurnished you may be entitled to claim a council tax exemption for up to six months (an exemption means that there is no charge for this period). After the exemption has expired you will be entitled to a 50% discount for six months which will then reduce to a 10% discount until the property is sold or becomes occupied. If the property remains furnished you will be entitled to a 10% discount from the date you vacated until such time as the property is sold or becomes occupied.

Do full time students have to pay council tax?
If only students live in the property, they can apply for a 100% exemption on the council tax. If however, one or more members of the household are employed, the student exemption drops to 25%. We need proof of your student status from your college or university before you can get any exemption.