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Legislation
Local Government Finance Act 1988

Crossheading Local rating

  • Section 41 Local rating lists :England.
  • Section 41ZA Local rating lists: Wales
  • Section 41A Local non-domestic rating lists for Welsh billing authorities.
  • Section 42 Contents of local lists.
  • Section 42A Rural settlement list.
  • Section 42B Preparation and maintenance of lists.
  • Section 43 Occupied hereditaments liability and reliefs.
  • Section 44 Occupied hereditaments: supplementary.
  • Section 44A Partly occupied hereditaments.
  • Section 45 Unoccupied hereditaments: liability and reliefs.
  • Section 45A Unoccupied hereditaments: zero-rating
  • Section 46 Unoccupied hereditaments: supplementary.
  • Section 46A Unoccupied hereditaments: new buildings.
  • Section 47 Discretionary relief.
  • Section 48 Discretionary relief: supplementary.
  • Section 48A Discretionary relief: functions of Mayoral development corporations
  • Section 49 Reduction or remission of liability.
  • Section 49A Cancellation of backdated liabilities for days in years 2005 to 2010
  • Section 50 Joint owners or occupiers.
  • Section 51 Exemption.
  1. Local rating
  2. Unoccupied hereditaments: new buildings.

Section 46A | Unoccupied hereditaments: new buildings. F1

From legislation.gov.uk

(1)Schedule 4A below (which makes provision with respect to the determination of a day as the completion day in relation to a new building) shall have effect.F1

(2)Where—F1

(a)a completion notice is served under Schedule 4A below, andF1

(b)the building to which the notice relates is not completed on or before the relevant day,F1

then for the purposes of section 42 above and Schedule 6 below the building shall be deemed to be completed on that day.

(3)For the purposes of subsection (2) above the relevant day in relation to a completion notice is—F1

(a)where an appeal against the notice is brought under paragraph 4 of Schedule 4A below, the day stated in the notice, andF1

(b)where no appeal against the notice is brought under that paragraph, the day determined under that Schedule as the completion day in relation to the building to which the notice relates.F1

(4)Where—F1

(a)a day is determined under Schedule 4A below as the completion day in relation to a new building, andF1

(b)the building is not occupied on that day,F1

it shall be deemed for the purposes of section 45 above to become unoccupied on that day.

(5)Where—F1

(a)a day is determined under Schedule 4A below as the completion day in relation to a new building, andF1

(b)the building is one produced by the structural alteration of an existing building,F1

the hereditament which comprised the existing building shall be deemed for the purposes of section 45 above to have ceased to exist, and to have been omitted from the list, on that day.

(6)In this section—F1

(a)“building” includes part of a building, andF1

(b)references to a new building include references toF1

(i)a building produced by the structural alteration of an existing building where the existing building is comprised in a hereditament which, by virtue of the alteration, becomes, or becomes part of, a different hereditament or different hereditaments ;F1F2F3

(ii)a building situated in England which a hereditament shown in a list comprises or includes, or which a hereditament that was previously shown (but is no longer shown) in a list comprised or included, and that has been subject to alterations;F1F3

(iii)part of a building situated in England and added to an existing building which a hereditament shown in a list comprises or includes or which a hereditament that was previously shown (but is no longer shown) in a list comprised or included.F1F3

(iv)a building that has been subject to alterations where the building is comprised in a hereditament situated in Wales that was (but is no longer) shown in a list.F1F4

Notes

  1. F1

    S. 46A inserted by Local Government and Housing Act 1989 (c. 42), s. 139, Sch. 5 para. 25

  2. F2

    Words in s. 46A(6)(b) renumbered as s. 46A(6)(b)(i) (26.12.2023) by Non-Domestic Rating Act 2023 (c. 53), ss. 7(a), 19(3)

  3. F3

    S. 46A(6)(b)(ii)(iii) inserted (26.12.2023) by Non-Domestic Rating Act 2023 (c. 53), ss. 7(b), 19(3)

  4. F4

    S. 46A(6)(b)(iv) inserted (16.11.2024) by Local Government Finance (Wales) Act 2024 (asc 6), ss. 7(2), 23(2)(c)

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