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Policy for Empty Property Relief for Non-Domestic Rates

Argyll and Bute Council · 23 November 2023
Back to Argyll and Bute Council — 23 November 2023 and its agenda

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ARGYLL AND BUTE COUNCIL COUNCIL
FINANCIAL SERVICES 23 NOVEMBER 2023
EMPTY PROPERTY RELIEF POLICY IN NON-DOMESTIC RATES 
1. EXECUTIVE SUMMARY 
1.1 On 31 January 2019 the Scottish Government committed to devolving Empty
Property Relief (EPR) to councils in time for the next revaluation. However,
both the revaluation and the devolution of EPR were delayed because of the
pandemic and the go-live date for the devolved EPR became 1 April 2023. In
October 2022 the Council’s Policy and Resources Committee agreed that
from 1 April 2023 to 31 March 2024 the existing rules for Empty Property
Relief would continue effectively mirroring the Scottish Government scheme
and the scheme would be reviewed prior to 2024/2025 (this position is similar
to many other Scottish Local Authorities). 
1.2 In January 2023 the Scottish Government announced funding of £0.608m
per annum for Argyll and Bute for each of the three financial years from
2023/2024 to 2025/2026 as a contribution towards the cost of EPR in our
area. As at 1 April 2023 the cost of EPR awarded was £0.758m therefore
creating a deficit of £0.150 in 2023/24. The new policy for 2024/2025
onwards will be designed to maximise the use of these funds to revitalise
local communities but will also ensure costs will be contained within the
funding provided by Scottish Government. There will be another revaluation
of Non-Domestic Rates (NDR) from 1 April 2026 at which point the Scottish
Government will review arrangements for devolved EPR. At this time they
have not committed any funding beyond 31 March 2026. 
1.3 This decision allowed the Council time to consult stakeholders on any new
policy and the issues that they believe are important when considering empty
business properties and the impact it has on their communities. A
consultation with stakeholders ended on 4 August and the feedback from 506
responses has now been evaluated. 
1.4 Key findings from the consultation include: 
 financial incentives for new businesses to move into empty properties
were popular, business support grants, providing free rent and NDR in
the first year,
 penalising owners of empty business properties particularly if they are
not being maintained,
 some barriers were identified as matters that could stop people taking
on empty properties including;
o perceived regulatory barriers

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o costs in relation to renovating long term empty properties to bring
back into use
o lack of available tradesmen,
 there is support for the Council employing an empty business property
officer to provide good quality local information to support businesses to
take on empty premises,
 ideas for alternative uses for empty business properties were well
supported such as an alternative business use, temporary pop-up use,
use of community groups, a hub for music and arts and conversion to
affordable housing. 
1.5 These matters were considered at meetings with Economic Development and
Housing officers and options for the new policy were presented to Councillors
for consideration at a members seminar on 6 November 2023 
1.6  Following on from the report considered by Elected Members at the Council’s
Policy and Resources Committee on 12th October 2023, and the agreement to
bring forward a revised Policy, this report provides an update to Council on
progress being made with regard to a new Empty Property Relief Policy on
Non-Domestic Rates.  The purpose of this being to incentivise the owners of
empty business premises in Argyll and Bute to do all that they can to bring the
property back into use.   
1.7 The proposed new policy, as outlined in paragraph 3.19 Option A, is provided
under section 140 of the Community Empowerment Act 2015. 
2. RECOMMENDATION 
2.1 It is recommended that the Council:- 
a) Approve Option A, Empty Property Relief provisions as outlined in
paragraph 3.19; 
b) Agree the creation of an Empty Property Officer post for a period of 2
years as outlined in paragraph 3.21; and 
c) Agree the remaining Empty Property Relief funding is used towards a
Business Grant Scheme with officers to bring forward the detail to the
Environment, Development and Infrastructure Committee Meeting in
February 2024 for approval.   
3. DETAIL 
3.1 On 31 January 2019 the Scottish Government committed to devolving Empty
Property Relief (EPR) to councils in time for the next revaluation. However,
both the revaluation and the devolution of EPR were delayed because of the
pandemic and the go-live date for the devolved EPR became 1 April 2023. In
October 2022, the Council’s Policy and Resources Committee agreed that from
1 April 2023 to 31 March 2024 the existing rules for Empty Property Relief
would continue effectively mirroring the Scottish Government scheme and the
scheme would be reviewed prior to financial year 2024-25 (this position was

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similar to many other Local Authorities). 
3.2 This decision allowed the Council time to consult stakeholders on any new
policy and the issues that they believe are important when considering empty
business properties and the impact it has on their communities. A consultation
with stakeholders ended on 4 August and the feedback from 506 responses
has now been evaluated. 
The Current EPR Scheme 
3.3 The current EPR scheme mirrors the Scottish Government scheme:   
1. Standard empty properties can get 50% relief from non-domestic rates for
the first 3 months they are empty. They can then get a 10% discount after
that in perpetuity. 
2. Empty industrial properties can get 100% relief from non-domestic rates for
the first 6 months that they are empty. They can then get a 10% discount
after that in perpetuity. 
3. Businesses can get 100% relief for the whole time a property is unoccupied,
if: 
 It is a listed building; 
 it has a rateable value under £1,700; 
 it is owned by a trustee for sequestration, liquidation or executors; 
 the company who owns it has been wound up; 
 by law, the property cannot be occupied; 
 it is under a compulsory purchase order; 
 it has no buildings (empty ground); 
 the ratepayer is deceased.   
3.4 The cost to the Council of the current EPR scheme in 2023/2024 is estimated
as £758,000 for the full year compared to funding from the Scottish
Government of £608,000. Any new policy will ensure that the cost of EPR to
the Council will be contained within the funding provided by the Scottish
Government wherever possible.   
The cost to the Council is analysed to EPR category in the table below: 
Type of Empty
Property Relief
EPR Relief EPR Charge No of
Subjects
Total Value of
EPR                 
(£)
Listed Building 100% 0% 46 330,884
Insolvency 100% 0% 2 285,300
Rateable Value
Less Than
£1700
100% 0% 155 56,470
Standard Empty
Property Relief
50% for 3
months 10%
thereafter
50% for 3
months 90%
thereafter
103 48,865
Ratepayer 100% 0% 5 17,172

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Deceased
Ground – On
Valuation Roll
100% 0% 4 15,886
Occupation
Prohibited By
Law
100% 0% 1 3,785
Industrial
Property
100% for 6
months 10%
thereafter
0% for 6
months 90%
thereafter
0 0
TOTAL   316 758,361 
3.5  Note that the costs can be volatile as any big business closure can result in
significant increases. 
Consultation 
3.6 The Council has consulted various stakeholders on any new policy and the
issues that they believe are important when considering empty business
properties and the impact it has on their communities. This ended on 4 August
and the feedback from 506 responses has now been evaluated in four different
areas: 
1. Identifying barriers and challenges – regulatory, financial and others; 
2. Possible new roles for vacant buildings – alternative business use,
temporary pop-up use, community use, local hub for musing and arts,
housing, storage;
3. Types of incentives or support measures to encourage businesses to
occupy empty properties – financial incentives, consultancy support,
other incentives;
4. Impact on the community. 
3.7 Key findings from the consultation included: 
 financial incentives for new businesses to move into empty properties,
business support grants, providing free rent and NDR in the first year;
 penalising owners of empty business properties particularly if they are
not being maintained;
 some barriers were identified as matters that could stop people taking
on empty properties including;
o perceived regulatory barriers; 
o costs in relation to renovating long term empty properties to bring
back into use;
o lack of available tradesmen;
 there is support for the Council employing an empty business property
officer to provide good quality local information to support businesses to
take on empty premises;
 ideas for alternative uses for empty business properties were well
supported such as an alternative business use, temporary pop-up use,

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use of community groups, a hub for music and arts and conversion to
affordable housing. 
3.8 Feedback from the consultation, benchmarking information from some other
Scottish Local Authorities and two potential options for a new Empty Property
Relief Policy was presented to colleagues in Economic Development and
Housing on 10 October. 
What are other Councils doing? 
3.9 Some information has been shared across the forums of the Institute of
Revenues Rating and Valuation (IRRV). 
3.10 Aberdeen City Council were the only Council to change the EPR Policy with
effect 1 April 2023 all other Scottish Councils continued with the Scottish
Government scheme for 2023/2024. 
3.11 Aberdeen City Council took the decision to make all categories of empty
business premises, with the exception of the insolvency category, eligible for
three months relief at 50% (50% charge) followed by 10% relief (90% charge)
thereafter. In September 2023 the Council reported that the new scheme had
been implemented with no complaints being received. 
3.12 There is case law in relation to insolvency; P&O Holdings Ltd v Glasgow City
Council, which supports a lease remaining in the name of the liquidator until a
landlord terminates the tenancy and therefore there is no point in removing the
100% EPR relief for this category until the Local Authority can change a
decision on rateable occupation to the landlord or owner. This will be the same
consideration for options that we define for Argyll and Bute Council. 
3.13 In Dumfries and Galloway the Council considered a draft Policy in October
which mirrored the Aberdeen City Policy however limited the provision of relief
to a total of 1 year. Therefore, from 1 April 2024 all properties would get 50%
relief (50% charge), then 9 months at 10% relief (90% charge) and from 1 April
2025 if still empty then 0% relief 100% charge.   
Principles for new EPR policy in Argyll and Bute 
3.14 The following are key principles for any new policy in our area; 
1. The cost of the scheme to be contained within the overall funding given
by Scottish Government;
2. A motivational approach to bringing empty properties back into use
similar to empty dwellings in Council Tax. Incentives such as rates relief,
tax breaks and possible business grants to support reuse, with owners
facing increased empty property charges staggered the longer the
property remains empty; 
3. Keep the scheme simple, relief levels to match those already available
on NDR system to prevent incurring significant additional administration

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costs, make administration of the new scheme no more complex than
the current scheme otherwise additional staffing resources may be
necessary for assessment purposes;
4. Improve communications with empty property owners and potential new
business entrepreneurs combining relevant information from across the
Council to support stakeholders;
a. New webpage and communications strategy to include;
i. Available NDR reliefs;
ii. Business grants from Business Gateway;
iii. Provision of any rent free schemes; 
iv. General advice, guidance and knowledge at a local level. 
5. Consideration of a fast track planning/building standards/environmental
health process for properties in these categories where it is possible to
do so. 
Incentivising reuse with business support grants 
3.15 A significant part of the consultation feedback supported the need for financial
incentives such as grants for building works, internal decoration and fixtures
and fittings to help incentivise owners to bring properties back into use. 
3.16 There are numerous examples of grant schemes being used across the UK to
help stimulate local businesses and make use of empty properties.  In Argyll
and Bute we have used a number of external funding sources to provide grant
assistance to circa 150 shopfronts/small businesses to help them invest in their
properties and businesses.  We have also invested through area regeneration
schemes bringing many buildings back into productive use working with private
owners. This has had a very positive impact on our local communities and has
helped the places become more investor ready and removed the need of
greater interventions by the council through building standards for example.   
3.17 Providing business grants as an added incentive to invest in a property will help
deliver a positive outcome for our town centres.  Applicants would have to
demonstrate how this investment will benefit their property and the wider town
centre.  They would have to agree to pay the living wage and demonstrate a
clear commitment to future maintenance of the property going forward.  The
grants could be used to cover a wide range of activities including internal and
external building works, shopfront improvements, health and safety
requirements and shop fittings. 
3.18 It should be noted that currently the council has had to pay hundreds of
thousands over the years in dealing with health and safety breaches with larger
buildings that have become derelict.  This would therefore be a spend to save
option in that we would reduce the need to intervene as a council and better
enable the harvesting of NDR as buildings are occupied. 
Options for Argyll and Bute Council to Consider 
Option A
50% relief for 3 months followed by 10% thereafter, with the exception of

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EPR for Insolvency, similar to other approved schemes in Scotland. No
relief will be granted after a property has been empty for over 12 months. 
3.19 The table below shows the estimated cost of EPR in Option A is £376,354
based on current empty property caseload, their rateable values and the
Scottish Government set annual poundage rate for 2023/24.  The proposal
limits empty property relief to a maximum period of 12 months from 1 April
2024 for all empty properties with the exception of properties in the Insolvency
category. 
Type of Empty
Property Relief
EPR
Relief
EPR
Charge 
No of
Subjects
Total Value
of EPR                 
(£)
Listed Building 50% for 3
months;
10% for 9
months;
no relief
thereafter 
50% for 3
months;
90% for 9
months;
100%
thereafter 
46 33,043
Insolvency  100% 0% 2 285,230
Rateable Value
Less Than £1700
50% for 3
months;
10% for 9
months;
no relief
thereafter
50% for 3
months;
90% for 9
months;
100%
thereafter
155 5,593
Standard Empty
Property Relief
50% for 3
months;
10% for 9
months;
no relief
thereafter
50% for 3
months;
90% for 9
months;
100%
thereafter
103 48,865
Ratepayer
Deceased
50% for 3
months;
10% for 9
months;
no relief
thereafter
50% for 3
months;
90% for 9
months;
100%
thereafter
6 1,717
Ground – On
Valuation Roll
50% for 3
months;
10% for 9
months;
no relief
thereafter
50% for 3
months;
90% for 9
months;
100%
thereafter
4 1,527
Occupation
Prohibited By Law
50% for 3
months;
10% for 9
months;
no relief
thereafter
50% for 3
months;
90% for 9
months;
100%
thereafter
1 378

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Industrial Property 50% for 3
months;
10% for 9
months;
no relief
thereafter
50% for 3
months;
90% for 9
months;
100%
thereafter
0 0
TOTAL   317 376,354 
3.20  Currently the 10% EPR charge is given in perpetuity or until the property
becomes occupied. It is recommended that the Council end the relief altogether
after 12 months thereby increasing EPR charges the longer a property remains
empty.  This is to increase the level of NDR levied on empty properties further
incentivising owners to do what is necessary to bring them back into use. This
tactic is also being adopted by a number of other Scottish Local authorities. In
doing so our costs will reduce to £285,000 for 2025/26 based on the current
position and the relief for insolvency. 
3.21 It is recommended, given the feedback from stakeholders and consideration of
the complexities of the situation, that the employment of a two year temporary
post as Empty Business Property Officer would be beneficial. The cost of this
post is estimated at LGE 10 £43,261 in 2024/2025 and circa £46,500 in
2025/2026. The officer would be based in the Economic Growth Service and
would work closely with colleagues in Non-Domestic Rates administration,
Housing and the wider Development and Economic Growth Service. They
would have an overarching knowledge of place and buildings, discounts,
exemptions and reliefs available in local taxes, heritage led regeneration
schemes and build a good working relationship with all stakeholders.  They
would be a single point of contact for the Council with property owners. They
would help coordinate activity across council services and liaise with property
owners. 
3.22 An estimated £150,000 per annum would be set-a-side to offer business grant
support in year 1 increasing to £200,000 in year 2. These grants will be
administered through the Economic Growth Team. This could cover grants for
matters such as the application for decoration costs, monies for building works,
fixtures and fittings details have yet to be fully determined. 
3.23 The table below shows the allocation of Scottish Government funds for empty
property relief for Option A 
Cost                                                                               
Year 1
2024/2025
(£’000)
Year 2
2025/2026
(£’000)
EPR 376 285
Funding for Business Support
Grants
150 200
New Post 43 46
Level of Tolerance for unanticipated
business premises vacancies going
39 77

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forward
TOTAL FUNDING PROVIDED BY
SCOTTISH GOVERNMENT
608 608 
* note – allocations need to be flexible and adjusted given changes to the
number of empty properties. The level of funding available for business grants
would be adjusted depending on movements in EPR across all categories. 
Option B 
As Per Option A but target Listed Buildings taking level of relief to 0% in
that category given the scale of the problem with empty listed buildings
in Argyll and Bute 
3.24 The justification for Option B is the sheer volume of empty listed buildings in
Argyll and Bute at 46 and that some are prominent buildings within our town
centres and in a very poor state of repair. Officers believe this option should be
considered as a result, additionally some feedback from the consultation clearly
referenced empty listed buildings having a detrimental impact on our town
centres. Other Councils in Scotland have reported through the Institute of
Revenue Rating and Valuation (IRRV) that they are experiencing similar issues
with dilapidated listed buildings and are considering similar actions as a result. 
This option will allow us to charge full NDR quickly to the owners of these
buildings in an attempt incentivise the works required to bring them into use.
There is no scope in this proposal to continue offering any EPR if the owner
starts work to bring the property into use. Incentives would be in the form of
possible business support grants only. 
3.25  The table below shows the estimated cost of EPR in Option B is £343,311
based on current empty property caseload, their rateable values and the
Scottish Government set annual poundage rate for 2023/24.  The proposal
limits empty property relief to a maximum period of 12 months from 1 April
2024 for all empty properties with the exception of properties in the Insolvency
category. 
Type of Empty
Property
Relief
EPR Relief EPR Charge  No of
Subjects
Total Value
of EPR                 
(£)
Listed Building  0% 100% 46 0
Insolvency  100% 0% 2 285,230
Rateable Value
Less Than
£1700
50% for 3
months; 10%
for 9 months;
no relief
thereafter
50% for 3
months; 90%
for 9 months;
100%
thereafter
155 5,593

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Standard
Empty Property
Relief
50% for 3
months; 10%
for 9 months;
no relief
thereafter
50% for 3
months; 90%
for 9 months;
100%
thereafter
103 48,865
Ratepayer
Deceased
50% for 3
months; 10%
for 9 months;
no relief
thereafter
50% for 3
months; 90%
for 9 months;
100%
thereafter
6 1,717
Ground – On
Valuation Roll
50% for 3
months; 10%
for 9 months;
no relief
thereafter
50% for 3
months; 90%
for 9 months;
100%
thereafter
4 1,527
Occupation
Prohibited By
Law
50% for 3
months; 10%
for 9 months;
no relief
thereafter
50% for 3
months; 90%
for 9 months;
100%
thereafter
1 378
Industrial
Property
50% for 3
months; 10%
for 9 months;
no relief
thereafter
50% for 3
months; 90%
for 9 months;
100%
thereafter
0 0
TOTAL   317 343,311 
3.26  Like option A, currently the 10% EPR charge is given in perpetuity or until the
property becomes occupied. It is recommended that the Council end the relief
altogether after 12 months thereby increasing EPR charges the longer a
property remains empty.  This is to increase the level of NDR levied on empty
properties further incentivising owners to do what is necessary to bring them
back into use. This is with the exception of those in the category of insolvency.
Our costs will then reduce to £285,000 for 2025/2026 based on the current
position. 
3.27 The employment of a two year temporary post as Empty Business Property
Officer is required. The cost of this post is estimated at LGE 10 £43,261 in
2024/2025 and circa £46,500 in 2025/2026 as per paragraph 3.22. 
3.28 An estimated £175,000 per annum would be set-a-side to offer business grant
support in year 1 increasing to £200,000 in year 2.  These grants will be
administered through the Economic Growth Team.   This could cover grants for
matters such as the application for decoration costs, monies for building works,
fixtures and fittings details have yet to be fully determined. 
3.29 The table below is shows the allocation of Scottish Government funds for
empty property relief for Option B

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Cost                                                                               
Year 1
2024/2025
(£’000)
Year 2
2025/2026
(£’000)
EPR 343 285
Funding for Business Support
Grants
175 200
New Post 43 46
Tolerance for unanticipated
business premises vacancies
47 77
TOTAL FUNDING PROVIDED BY
SCOTTISH GOVERNMENT
608 608 
*note – allocations need to be flexible and adjusted given changes to the
number of empty properties. The level of funding available for business grants
would be adjusted depending on movements in EPR across all categories. 
Analysis of the Options and Officer Recommendation 
3.30 In terms of costs, both Options A and B offer a significant reduction in EPR
costs that the Council need to pick up. Option B reduces EPR costs more
quickly than Option A but the difference is not deemed material however the
level of tolerance to unanticipated changes is less with Option A as it is with
Option B. 
3.31 Level of innovation to provide incentives to bringing properties back into use is
similar with both Options. Option B providing slightly more funds for business
support grants in year one than Option A. However, both Options provide real
opportunities for us to use the remaining funds to put in place some innovative
support mechanisms to help people bring these properties back into use. 
3.32 If the Council accepts the officer recommendation that all EPR should end after
12 months, and not remain in perpetuity, with the exception of insolvency
cases, then the effect of removing all relief for Listed Buildings between options
is reduced as under Option A owners would get to relief after 12 months, and
Option B any relief would be removed straight away. 
3.33 Fairness and consistency is better with Option A where under all categories
(except insolvency) empty business property will get 50% relief for 3 months
followed by 10% relief for 9 months and then 0% relief thereafter. With Option B
owners of listed buildings are more likely to feel targeted. 
3.34 Officers therefore recommend Option A is taken forward as the new policy
going forward.   
Members Seminar Feedback 
3.35 On November 6, policy options were introduced during a seminar for members,

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and the presentation was positively received. There was a high level of
participation, and there seemed to be support for the implementation of Option
A based on the proposal. 
4. CONCLUSION 
4.1 The consultation provided valuable insights into the challenges and
opportunities associated with vacant properties in Argyll and Bute.
Stakeholders across various backgrounds expressed a strong desire to help
revitalise these properties for the benefit of the wider community and also look
to reduce future financial burdens on the council through having to deal with
unsafe buildings. 
4.2 Two new Policy options have been prepared by officers for Members
consideration with Option A being the recommended preferred option by
officers.   
5. IMPLICATIONS 
5.1 Policy – This is a new policy for Empty property relief in non-Domestic Rates
that required council approval. 
5.2 Financial –Options are cost neutral for the Council but is designed to
incentivise building owners to improve their properties.
5.3 Legal – New policy will be prescribed under section 140 of the Community
Empowerment Act 2015. 
5.4 HR – Proposed new temporary post in Development and Economic Growth. 
5.5 Fairer Scotland Duty - None 
5.5.1 Equalities – None
5.5.2 Socio-Economic Duty – This would help bring buildings back into productive
use and create new employment opportunities
5.5.3 Islands Duty - None
5.6 Risk – None.
5.7 Customer Service - None
5.8 Climate Change Implications – Helping to invest in existing buildings helps
capture their carbon footprint and in the majority of case support our town
centres. 
Kirsty Flanagan, 
Section 95 Officer / Executive Director with responsibility for Financial
Services 
Councillor Gary Mulvaney, Policy Lead for Finance and Commercial Services 
25 October 2023 
For further information please contact:

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Anne Blue, Head of Financial Services
Anne.Blue@argyll-bute.gov.uk 
Fergus Walker, Revenues and Benefits Manager 
Fergus.Walker@argyll-bute.gov.uk