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Non Domestic Rates Relief on Unoccupied Lands and Heritages

Perth and Kinross Council · 6 December 2023
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Perth & Kinross Council 
6 December 2023 
NON-DOMESTIC RATES RELIEF ON UNOCCUPIED LANDS AND HERITAGES 
Contact Officer: Kevin Fraser, Team Leader (Local Taxes) and 
Lynn Brady, Service Manager (Revenues & Benefits)
(Report No. 23/348) 
1. PURPOSE 
1.1 This report provides information on the devolvement of Non-Domestic Rates
Relief on empty lands and heritages to Local Authorities. 
1.2 It provides a summary of the current numbers and value of such awards in the
Perth & Kinross Council area. 
1.3 It recommends a new Non-Domestic Rates Relief Scheme be introduced with
effect from 1 April 2024. 
2. RECOMMENDATIONS 
2.1 The Council is requested to: 
• Note the contents of the report; 
• Agree the level of Non-Domestic Rates Relief to be made available to
ratepayers of unoccupied lands and heritages with effect from 1 April
2024. 
3. STRUCTURE 
3.1 This report is structured over the following sections: 
• Section 4: Background
• Section 5: Legislative Provisions
• Section 6: Use of Existing Powers
• Section 7: Allocation of Funding
• Section 8: Current Position
• Section 9: Recommended Non-Domestic Rates Relief for 2024/25 
• Section 10: Financial Risks 
• Section 11: Conclusions and Summary of Recommendations

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4. BACKGROUND 
4.1 Non-Domestic Rates charges for unoccupied lands and heritages were, up to
31 March 2022, subject to statutory reductions. The eligible lands and
heritages and rate of reductions are set out in Appendix 1. 
4.2 While empty reductions were mandatory, they were fully funded by the
Scottish Government through the Local Government Settlement. 
4.3 As part of the agreement of the 2019-20 Draft Scottish Budget, the Scottish
Government committed to the devolution of empty property relief before the
next revaluation, delivering greater fiscal empowerment for Councils. 
4.4 The devolution of this relief, from 1 April 2023, enabled councils to administer
any support for unoccupied properties in a way that is tailored to local needs,
with the intended aim of bringing empty property back into economic use. 
4.5 Perth & Kinross Council agreed to replicate the previous statutory reductions
as set out in Appendix 1, for the Financial Year 2023/24, with a commitment
to review this policy for future financial years. This report now fulfils that
commitment. 
5. LEGISLATIVE PROVISIONS 
5.1 Section 19 to the Non-Domestic Rates Act 2020 repealed Section 24 of the
Local Government (Scotland) Act 1966. 
5.2 This legislation ceased all relief for empty lands and heritages with effect from
1 April 2023. 
5.3 If the Council has no policy in place, it would be required to charge full Non-
Domestic Rates on all unoccupied lands and heritages. 
5.4 Perth & Kinross Council agreed a policy for Financial Year 2023/24 and is now
required to have a new policy in place for 1 April 2024 onwards. 
6. USE OF EXISTING POWERS 
6.1 Local authorities have existing powers contained in section 3A of the Local
Government (Financial Provisions etc) (Scotland) Act 1962, as amended by
the Community Empowerment (Scotland) Act 2015, to award discretionary
local reliefs.
6.2 This gives Local Authorities power to create relief schemes for the following: 
• such categories of lands and heritages as may be specified in the
scheme,
• such areas as may be so specified,
• such activities as may be so specified,
• such other matters as may be so specified.

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6.3 This allows Perth & Kinross Council to create its own relief scheme(s) to
replace the current rates reductions awarded to those liable for rates of empty
non-domestic properties. 
7. ALLOCATION OF FUNDING 
7.1 Empty Property Relief was previously fully funded by the Scottish
Government. 
7.2 From April 2023, Local Government Revenue Funding for 2023-24 will include
monies to allow Local Authorities to consider such schemes. 
7.3 The baseline quantum to fund devolved schemes provided by the Scottish
Government reflects the Scottish Fiscal Commission Medium Term Financial
Strategy (MTFS) forecasts published on 31 May 2022, which estimates the
cost for 2023-24 across Scotland at £105m (£104m and £105m for 2024-25
and 2025-26 respectively). It should be noted that inflation is considered in
these estimates. 
7.4 This quantum establishes an allocation of £105m across Scotland, fixed until
the next revaluation in 2026, which would be incorporated into the Revenue
Support Grant to represent funding previously associated with national
mandatory Empty Property Relief costs. 
7.5 The distribution methodology for individual local authority allocations is based
on the average share of total Empty Property Relief over the two-year period
2018/19 and 2019/20. 
7.6 The total Empty Property Relief costs for both years have been used to
calculate a share for each individual local authority. Equal weight has been
applied to both years. 
7.7 This means that the allocation for Perth & Kinross Council for 2023/24 is
£952,516. 
7.8 While the quantum of funding across Scotland is higher than current Empty
Property Relief spend, there is a risk that individual allocations may not
exceed or match current Empty Property Relief cost at a local level;
particularly where the total number and/or rateable value of empty premises
have risen recently. This is the case for Perth & Kinross Council. 
7.9 Exceptional Circumstances: Scottish Government has recognised that some
exceptional economic events may cause unexpected swings which could
impact on the number of empty non-domestic properties in an area, and that
these cannot be predicted.

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7.10 Where an exceptional economic shock has a substantial, unmanageable
impact on an area (or areas) in respect of a change in empty non-domestic
properties having significant bearing on the settlement agreed, it is expected
that local authorities and COSLA would raise this for discussion with the
Scottish Government in the first instance. 
7.11 An additional permanent member of staff within the Local Taxes team will be
funded from these monies to assist with the additional workload associated
with these proposals. 
8. CURRENT POSITION 
8.1 Our actual spend in Financial Year 2023/24 is projected to be £1,017,084. 
8.2 The breakdown of our estimated 2023/24 spend by category is as shown in
the table below. (Figures taken are at September 2023). 
8.3 This exceeds our allocation by £64,568. However, this figure is subject to
fluctuation depending on any changes to the occupied status of any lands and
heritages during the remainder of the financial year. 
8.4 A review of all premises currently receiving relief is underway to ensure the
ongoing accuracy of our records. 
Relief Type Estimated Cost
50%/10% Empty Property Relief  £99,173.70
Industrial Exemption  £7,378.70
Entitled to possession as Trustee in
Bankruptcy etc
Nil
Entitled to possession as executor for
deceased estate
£37,110.34
Company in administration/wound up
through insolvency
£55,567.17
Occupation Prohibited by law £105,538.20
Listed building £557,128.27
No buildings – shooting rights £55,540.25
No buildings - others £65,465.72
RV <£1700 £34,181.61
Total £1,017,083.96

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9. RECOMMENDED NON-DOMESTIC RATES RELIEF POLICY FOR 2024/25 
9.1 The Council is required to have a policy in place before 1 April 2024; if it does
not, it would be required to charge full Non-Domestic Rates on all unoccupied
lands and heritages. 
9.2 For the purposes of relief being considered in this report, “unoccupied” is
taken to mean vacant of all moveable items. This will allow any fixtures,
fittings, plant, or machinery that is to be used in future occupation to remain in
place. 
9.3 This policy can be as open or selective as the Council chooses; with the
caveat that any selective schemes may be viewed as de-minimus aid and be
subject to subsidy control (previously State Aid) regulations and limits. 
9.4 The recommended policy contained within this report is to apply to all lands
and heritages in the Perth and Kinross area; therefore, if accepted, there will
be no need to consider Subsidy Control implications. 
9.5 Should the Council create a scheme that costs more than its allocation of
funding, it will need to find the difference from other sources. 
9.6 Should the Council create a scheme that costs less than its allocation of
funding, it is free to spend the difference as its choses, with the inference
being that it should be used to support business growth. 
9.7 The key elements to be considered in agreeing a policy are as follows: 
• Supporting owners to bring property back into use;
• Penalising those that make no such efforts;
• Addressing the potential shortfall between funding and cost;
• Simplicity for taxpayers; and
• Ease of administration. 
9.8 It is felt that a scheme that is more generous in the short term, but which
removes any reduction for lands and heritages that lay unoccupied for a
longer period, would meet all the above criteria. 
9.9 While there is nothing to prevent the Council from removing full 100% rates
relief in the following circumstances, it is recommended that no changes are
considered here and that full relief from Non-Domestic Rates is continued: 
• Owned by a trustee for sequestration, liquidation etc.
• Cannot be occupied by law.
• Under a compulsory purchase order.
• The owner is in administration (or subject to an administration order).
• The owner is a company or partnership being wound up under
Insolvency Acts (this would exclude voluntary winding up processes)
• Shooting Rights not used for any commercial activity.

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9.10 The first four categories above are where there are barriers to ongoing
commercial activity. For Shooting Rights, these are cases where the right to
shoot is used only for land management and there is no commercial gain to
the holder of the right. 
9.11 Changes are recommended for the remaining previously exempt categories:
• Industrial premises;
• Listed buildings;
• Where the rateable value is under £1,700;
• Liability rests with the estate of a deceased person; and
• Lands and heritages with no buildings (excluding shooting rights). 
9.12 Changes are also recommended for all other unoccupied lands and heritages
which currently pay a 50% rate for three months then a 90% charge
thereafter.
Industrial Premises 
9.13 Industrial premises currently receive a full exemption for six months then
receive a 10% reduction. 
9.14 It is proposed that the exemption is unchanged but the 10% reduction is
removed and full Non-Domestic Rates are charged should the premises
remain unoccupied for more than six months. 
Current Provision Proposed Provision from 
01 April 2024
6 months exemption then 90% charge 6 months 100% relief then full charge 
Listed Buildings 
9.15 Exempting listed buildings without limit of time puts no onus on the owner to
maintain them in a fit state or encourage them to bring the premises back into
use. 
9.16 There are fair and reasonable grounds to treat them in a comparable manner
to other lands and heritages. 
9.17 It is therefore recommended that the exemption is limited to six months and
that no reduction is provided thereafter. 
Current Provision Proposed Provision from 
01 April 2024
Unlimited exemption 6 months 100% relief then full charge

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Rateable Value is Under £1,700 
9.18 There are fair and reasonable grounds to suggest that a low rateable value
alone should not be a determining factor in deciding whether something
should remain exempt without limit of time and believe this exemption should
also be limited to six months only. 
Current Provision Proposed Provision from 
01 April 2024
Unlimited exemption 6 months 100% relief then full charge 
Liability Rests With Executors 
9.19 Cases where the executors become liable is a further category where officers
believe that there are fair and reasonable grounds that a six-month exemption
should be sufficient for the executors to deal with the premises and have them
available for reoccupation. 
Current Provision Proposed Provision from 
01 April 2024
Unlimited exemption 6 months 100% relief then full charge 
Where the Lands and Heritage Nave No Buildings 
9.20 It is also felt that exemptions for lands and heritages with no buildings should
be changed; and again, recommend an exemption for up to six months only. 
Current Provision Proposed Provision from 
01 April 2024
Unlimited exemption 6 months exemption then full charge 
9.21 The exception to this would be Shooting Rights that are not used for
commercial activity, but for land management only, and are thereby deemed
to be unoccupied. 
9.22 It is recommended that a full exemption remains in place for such subjects. 
Current Provision Proposed Provision from 
01 April 2024
Unlimited exemption Unlimited exemption 
Non-Exempt Lands and Heritages 
9.23 All lands and heritages that are not covered by an exempt category currently
pay a 50% charge for three months followed by a 90% charge thereafter.

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9.24 This means that the ratepayer must pay a significant Non-Domestic Rates
charge while seeking out a new tenant and/or refurbishing the premises to
facilitate a new tenancy. 
9.25 This is where officers believe that there are fair and reasonable grounds to
provide a more generous scheme that would support local businesses and
recommend that these premises also receive a full exemption for six months
then pay full Non-Domestic Rates.
Current Provision Proposed Provision from 
01 April 2024
50% charge for 3 months then a 90%
charge thereafter
6 months at 100% relief then full charge
thereafter 
Application and Timing of Awards 
9.26 It is recommended that these changes apply from1 April 2024 to 31 March
2026. 
9.27 Scottish Government have only committed the funding for this period,
therefore any ongoing provision of relief for unoccupied lands and heritages
must consider the financial position effective from 1 April 2026. 
9.28 In terms of transition from Financial Year 2023/24, officers feel that this should
happen automatically. 
9.29 Any previously fully exempt lands and heritages subject to the proposed
changes, that has been empty for six months or more on 31 March 2024, will
move to paying full Non-Domestic Rates immediately. 
9.30 Lands and heritages that have been exempt for less than six months will have
the remainder of that period awarded for Financial Year 2024/25. 
9.31 Those currently paying on the 50%/90% charging structure will see the
changes made to allow an exemption to continue up to the six-month
anniversary of the land and heritage first becoming unoccupied. 
9.32 In terms of entitlement to reductions for subsequent unoccupied periods, it is
proposed that evidence must be provided to demonstrate that the lands and
heritages have been occupied for a continual period in excess of six months
before another award would be considered.

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9.33 In addition, it is recommended that the policy should seek to minimise tax
evasion through contrivance where premises are occupied to a limited extent
for a recurring period, so that further reductions can be considered when they
again become empty. In such instances, if the occupant was a previous tenant
or has a direct relationship with the owner/landlord then no further exempt
reduction would be awarded when they become unoccupied. 
9.34 An application will be required from the ratepayer before any award will be
considered. 
9.35 Applications must be made during the initial 6-month period that the lands and
heritages first become unoccupied in order that a visit may be carried out, if
required. 
9.36 Applications made after the premises have been unoccupied for more than 6
months will not be backdated and, if successful, relief will commence from the
date of application.
9.37 Retrospective applications for lands and heritages now occupied will not be
considered. 
9.38 In all circumstances it should be noted that the award relates to the premises
and not the ratepayer. A change in ratepayer of an empty property will not give
rise to a new entitlement but the remainder of any 6-month award period may
be considered. 
Use of Discretion 
9.39 It is further recommended that limited discretion be made available to those
making clear efforts to seek reoccupation of their premises but circumstances
out with their control are preventing this from being achieved within a six-
month period. 
9.40 In such cases the relief may, if supported by Economic Development, be
extended to 12 months. The use of such discretion will only be authorised in
the same manner as is currently used for long term empty dwellings subject to
Council Tax charges. 
10. FINANCIAL RISKS 
10.1 As noted at section 7, the Council has been allocated set funding to deliver
Non-Domestic Rates relief to unoccupied lands and heritages. 
10.2 There is therefore a risk that, as policy will be applied to all lands and
heritages that become unoccupied, the Council cannot directly control the cost
of awarding future relief awards. If there is a growth in unoccupied lands and
heritage or large premises becoming unoccupied this may create a financial
pressure for the Council. 
10.3 A further potential risk is the initial cost of replacing the current statutory based
scheme with recommendations that are more generous. However, this risk

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has been considered in making these recommendations and it is believed that
this is unlikely to be a concern. 
10.4 The figures in the table below provide an estimate of the cost of the
recommended scheme had it been in place for this current financial year - i.e.
£354,280. It is stressed that this is an estimate based on the current position
and not a forecast for future years. 
10.5 It should also be noted that diminishing awards of Transitional Relief over the
next two financial years will also have an impact on the cost of providing
Empty Property Relief. 
10.6 Taken against the allocation of funding of £952,516, as outlined in paragraphs
7.7 and 7.8 and an allocation of £38,000 to administer the scheme, this would
mean that an estimated sum of £560,236 would be available for the Council to
use in achieving its priorities. 
10.7 As stated in 7.11 it is requested that a portion of this excess is retained for the
recruitment of an addition staff member in Local Taxes to assist with the
increased administration that that these changes may bring. 
Current Award Estimated Cost
under current
statutory-based
Scheme
Recommended
Award
Estimated Cost
under
Recommended
Scheme
50%/10% Empty
Property Relief 
£99,174 6m exemption £90,218
Industrial Exemption  £7,379 6m exemption £7,379
Entitled to possession
as Trustee in
bankruptcy etc
Nil Full exemption Nil
Entitled to possession
as executor for
deceased estate
£37,110 6m exemption Nil
Company in
administration/wound
up
£55,567 Full exemption £55,567
Occupation Prohibited
by law
£105,538 Full Exemption £105,538
Listed building £557,128 6m Exemption £35,817
No buildings –
shooting rights
£55,540 Full Exemption £55,540
No buildings - others £65,466 6m Exemption £938
RV <£1700 £34,182 6m Exemption £3,283
Total £1,017,084  £354,280

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11. CONCLUSIONS AND RECOMMENDATIONS 
11.1 As part of the changes to the Non-Domestic Rates system in Scotland, empty
property reliefs and exemptions were devolved to local authorities from 1 April
2023, allowing councils to set their own policies in a way that is tailored to
local needs. 
11.2 For Financial Year 2023/24, the Council agreed a scheme that replicates
existing measures while using this time to further consider an appropriate
scheme for future financial years. 
11.3 Perth & Kinross Council’s aim is to bring empty properties back into use to
help increase economic activity, attracting customers and businesses.
Occupied premises will increase footfall which in turn supports local
businesses. 
11.4The aim is to create a scheme that supports owners in seeking reoccupation of
premises while removing ongoing historic reductions from those making no
such effort. 
11.5 For Financial Years 2024/25 and 2025/6, it is recommended that the Council
implements the following scheme: - 
➢ Full 100% relief should continue to be awarded on an unlimited basis to
unoccupied lands and heritages where the following applies: 
• a trustee for sequestration, liquidation etc.
• cannot be occupied by law.
• under a compulsory purchase order.
• the owner is in administration (or subject to an administration order).
• the owner is a company or partnership being wound up.
• a shooting right that is not used for commercial activity. 
➢ For all other unoccupied lands and heritages, it is recommended that 100%
relief is awarded for a maximum six-month period with full Non-Domestic
Rates being charged thereafter. 
➢ A minimum occupancy requirement of 6 months must apply before empty
property relief will be considered.   
➢ Limited discretion to increase the time limit for a reief award to 12 months
should be available where supported by Economic Development
colleagues. 
11.6 If approved this policy will result in billing and collection activity being required
for ratepayers/premises that have not previously been required to pay Non-
Domestic Rates.  It is therefore requested that, in agreeing this or an
amended policy, an additional permanant member of staff is employed within
the Local Taxes team to assist with the additional workload.

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Author
Name  Designation Contact Details
Kevin Fraser  Team Leader – Local
Taxes
KFraser@pkc.gov.uk 
Lynn Brady Service Manager –
Revenues & Benefits
LBrady@pkc.gov.uk 
Approved
Name Designation Date
Karen Donaldson  Chief Operating Officer  8 November 2023
Stewart Mackenzie  Head of Finance 8 November 2023 
APPENDIX 
Appendix 1 – Empty Property Relief Eligibility and Rates of Relief

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ANNEX 
1. IMPLICATIONS, ASSESSMENTS, CONSULTATION AND
COMMUNICATION 
Strategic Implications Yes / None
Community Plan / Single Outcome Agreement  None
Corporate Plan  Yes
Resource Implications  
Financial  Yes
Workforce Yes
Asset Management (land, property, IST) None
Assessments  
Equality Impact Assessment None
Strategic Environmental Assessment None
Sustainability (community, economic, environmental) None
Legal and Governance  None
Risk None
Consultation 
Internal  None
External  None
Communication 
Communications Plan  None 
1. Strategic Implications 
1.1 The Council’s Corporate Plan 2022-2027 lays out seven outcome focussed
strategic objectives which provide clear strategic direction, inform decisions at
a corporate and service level and shape resources allocation. They are as
follows: 
• Tackling poverty.
• Tacking climate change and supporting sustainable places.
• Growing a sustainable and inclusive local economy.
• Enabling our children and young people to achieve their full potential.
• Protecting and caring for our most vulnerable people.
• Supporting and promoting physical and mental wellbeing.
• Placing communities at the heart of how we work. 
1.2 This report relates to all these objectives. 
2. Resource Implications 
Financial 
2.1 There are no direct financial implications arising from this report other than
those reported within the report. The Head of Finance has been consulted
and has indicated agreement with these proposals.

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Workforce 
2.2 There are no direct workforce implications arising from this report other than
those reported within the report. The Corporate Human Resource Manager
has been consulted and has indicated agreement with these proposals. 
Asset Management (Land, Property, IT) 
2.3 There are no asset management implications arising from this report. 
3. Assessments 
Equality Impact Assessment 
3.1 Under the Equality Act 2010, the Council is required to eliminate
discrimination, advance equality of opportunity, and foster good relations
between equality groups. Carrying out Equality Impact Assessments for plans
and policies allows the Council to demonstrate that it is meeting these duties. 
3.2 This report has been considered under the Corporate Equalities Impact
Assessment process (EqIA) with the following outcome: 
(i) Assessed as not relevant for the purposes of EqIA 
Strategic Environmental Assessment 
3.3 The Environmental Assessment (Scotland) Act 2005 places a duty on the
Council to identify and assess the environmental consequences of its
proposals. No further action is required as it does not qualify as a PPS as
defined by the Act and is therefore exempt. 
Sustainability 
3.4 Under the provisions of the Local Government in Scotland Act 2003 the
Council has to discharge its duties in a way which contributes to the
achievement of sustainable development. Under the Climate Change
(Scotland) Act 2009 the Council also has a duty relating to climate change
and, in exercising its functions must act: 
• in the way best calculated to delivery of the Act’s emissions reduction
targets;
• in the way best calculated to deliver any statutory adaptation
programmes; and
• in a way that it considers most sustainable. 
3.5 The information contained within this report has been considered under the
Act. However, no action is required as the Act does not apply to the matters
presented in this report.

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Legal and Governance 
3.6 Not applicable. 
Risk 
3.7 Not applicable. 
4. Consultation 
Internal 
4.1 The Executive Leadership Team, Corporate and Democratic Services Senior
Management Teams, Section 95 Officer and Human Resources were
consulted during the preparation of this report. 
External 
4.2 Not applicable. 
5. Communication 
5.1 External communication will take place following approval of this report. 
2. BACKGROUND PAPERS 
2.1 None.