Democracy Spraffa

Charging of Double Council Tax on Second Homes

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
COUNCIL TAX TREATMENT OF SECOND AND LONG-TERM EMPTY HOMES 
1. EXECUTIVE SUMMARY 
1.1 The Scottish Government has concluded its consultation on Council Tax charges for
Second Homes and Long-Term Empty Properties, which ran from 17 April 2023 to 11
July 2023. A Joint Working Group (JWG) on Council Tax and Local Government
funding sources is now reviewing the consultation results and proposing changes for
consideration by Leaders and Ministers. 
1.2 One significant change the JWG has proposed is aligning the Council Tax premium
for second homes with long-term empty properties. This change, already approved
by CoSLA leaders, will enable local authorities to charge a double Council Tax
(100% levy) on second homes instead of the current full Council Tax. Legislation is
being drafted to grant councils these new powers. 
1.3 The proposal suggests implementing the double Council Tax charge for second
homes from 1 April 2024 and these powers could help mitigate the Housing
Emergency and encourage second home owners in Argyll and Bute to either sell or
rent their properties. 
1.4 The number of second homes in Argyll and Bute has increased from 3,045 in 2022/23
to 3,235 in 2023/24, and a review of self-catering units in Non-Domestic Rates (NDR)
is expected to further increase these numbers before billing for the 2024/2025 year.   
1.5 Charging double Council Tax on these 3,235 second homes could generate £4.9
million in additional revenue, with an estimated collection rate of 85%, resulting in
£4.177 million for the 2024/2025 fiscal year.   
1.6 However, implementing this policy will involve additional costs, including staff
resources to manage the changes, the increased customer inquiries and recover the
extra debt. These costs are estimated at £94,000. Additionally, the Council Tax
operating system OPENRevenues needs modifications to accommodate the double
charges, with an estimated cost not exceeding £20,000 upfront plus £4,000 per
annum support and maintenance. 
1.7 In parallel, other changes to Council Tax have been considered, including a Scottish
Government derived Council Tax freeze for 2024/2025 and a potential postponement
of proposed increases in Bands E to H. Additional proposals, requiring primary
legislation changes, include a possible 300% premium on Council Tax for second and
long-term empty homes. This change, if implemented, could significantly impact
Council Tax revenues in Argyll and Bute from 2025/26 onwards and put more
pressure on property owners to bring these dwellings back into use or onto the
Housing market which would mitigate the current Housing Emergency in the area. 
1.8  It is being proposed that Councils be granted the power to charge double Council Tax
on Second Homes, much like what is currently applied to Long-term Empty
Properties. This strategic move aims to motivate second home owners to either sell or

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rent their properties. Furthermore, the potential financial implications, associated
costs, and other proposed changes to Council Tax are being considered in light of
these evolving circumstances. 
2. RECOMMENDATION 
2.1 It is recommended that Council agrees: 
(i) to implement the double charge, 100% Council Tax premium on second homes
from 1 April 2024 should the legislation granting these powers be passed. 
(ii) that £0.020m of one-off costs are funded from existing earmarkings within the
Service that are no longer required and recurring costs of £0.098m for staffing
and system maintenance associated with the implementation of this charge be
funded from the additional income recovered in excess of the £4m already built
into the Budget Outlook.  
3. DETAIL 
3.1 The Scottish Government has recently evaluated feedback from its consultation on
Council Tax charges for Second Homes and Long-Term Empty Properties. The
consultation, which opened on 17 April 2023 and closed on 11 July 2023, asked 25
questions. The Council’s response to the consultation was approved at its meeting of
29 June is included in Annexe A. The Scottish Government’s published outcome of the
consultation can be found here . 
3.2 A Joint Working Group (JWG) on Council Tax and Local Government funding sources
is considering the consultation outcome and bringing forward suggested changes for
consideration by Leaders and Ministers. This group includes members of the CIPFA
Directors of Finance Group, the Institute of Revenues Rating and Valuation (IRRV),
CoSLA and the Scottish Government. To date the JWG has brought forward one
change regarding bringing the Council Tax premium for second homes in line with long
term empty properties, which in Argyll and Bute will allow us to move away from
charging full Council Tax on Second Homes to charging a levy of 100% ie:- a double
charge. CoSLA leaders agreed this change at their September meeting. Legislation is
currently being drafted to reflect the new powers that this change brings for Councils. 
3.3 It is proposed that, given the current Housing Emergency, the Council prepares to use
these new powers when they become available to charge double Council Tax on
Second Homes from 1 April 2024 just as it currently does for Long-term Empty
Properties. This could incentivise existing second home owners to sell or let their
properties in our area. 
3.4 The number of properties classed as second homes in Argyll and Bute has increased
from 3,045 in 2022/23 to 3,235 in 2023/24 following a review carried out by the Council
Tax team during the year.  In addition the Assessor at Dunbartonshire and Argyll and
Bute Valuation Joint Board is conducting a review of self-catering units in Non-
Domestic Rates (NDR) with many expected to move to Council Tax as a second home
or a long-term empty property between now and the end of the current calendar year.
Therefore these numbers are likely to continue to increase before we bill Council Tax
for the 2024/2025 year. 
3.5 Charging double Council Tax on the 3,235 properties classified as Second Homes in
September 2023 will generate £4.9 million in additional Council Tax charges.

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Assuming in year collection of 85% of these charges, similar to the amount recovered
in year for long-term empty properties, we can expect to recover £4.177 million in the
2024/2025 year as outlined in the table below. 
3.6 There will be some costs associated with implementing the new policy. Additional staff
resources will be required to administer the changes and deal with the extra customer
contact that will be generated. These are estimated at £94,000 per annum or 1 FTE
Senior Council Tax Officer at LGE8 to deal specifically with the volume of increased
complaints and 2 LGE 6 Council Tax Assessment Officers to process the changes to
accounts and collect the additional debt. 
3.7 
3.8
The Council Tax operating system OPENRevenues is not currently capable of
allocating double charges to Second Homes. The supplier, Civica has been asked to
provide a quote for the works required, this has not yet been returned. It is anticipated
that the cost will not exceed £20,000 upfront with a maximum of £4,000 per annum
support and maintenance. It is hoped that the cost could be shared by other Civica
users in Scotland who will likely need to have the same functionality applied to their
systems. 
It is proposed that the initial systems costs are funded by earmarkings with ongoing
support and maintenance from the additional revenue that is generated from the
scheme. 
Other potential changes to Council Tax 
3.9 The First Minister recently announced that the Scottish Government would fund a
Council Tax freeze for 2024/2025 to help people with the cost of living. In addition it is
understood that plans to increase the level of charges in Bands E to H are likely to be
postponed.   
3.10 The JWG on Council Tax and Local Government funding sources has considered
further areas of change which is currently being considered by Leaders. Proposals will
require changes to primary legislation and therefore will not be introduced in time for
2024/2025. 
3.11 One such change the JWG has considered is a possible 300% premium on Council
Tax for second and long-term empty homes. The response to the Scottish
Government consultation on the matter indicates that there is support for this change.
The JWG has had initial discussions on the principle of introducing such a premium

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and have agreed to consider its progression alongside the publication of the
consultation analysis and to test the interest for the change internally. 
3.12 There are circa 900 long-term empty properties in Argyll and Bute so together with
3,235 second homes this would make over 4,000 properties eligible for a premium
going forward. A move to increase the premium on these properties to 300% could
have a significant impact on the amount of Council Tax that could be levied in Argyll
and Bute from 2025/26 onwards and is something the Council will consider should the
JWG and the Scottish Government progress further with this matter. 
3.13 In Wales local authorities have had the power to increase the Council Tax on second
homes by up to 300% since 1 April 2023. To date there has been no formal evaluation
of the impact of the move however there are reports that despite the move being
controversial it is increasing the number properties onto the market for sale.   
3.14 Whilst it makes sense to use these new powers from 1 April 2024 to generate revenue
and encourage houses to come onto the housing market for sale or let, the Council will
explore its options to review the policy for charging double council tax on both long-
term empty properties and second homes in 2024 to ensure that the policy is updated
and producing the results that are required. At this time more information will be
available from wales and from the work of the JWG in this area in Scotland. 
3.15 Colleagues in Housing have been consulted and support the proposed changes. 
Next Steps 
3.16 The policy to increase the Council Tax charges on second homes to a 100% premium
is recommended for approval at the Council meeting on 23 November 
4. CONCLUSION 
4.1 The Scottish Government's thorough evaluation of feedback from the Council Tax
charges consultation, which encompassed Second Homes and Long-Term Empty
Properties, has initiated a series of significant considerations and proposals for policy
changes. A Joint Working Group (JWG) is at the forefront of these discussions, with
one notable proposition being the alignment of Council Tax premiums for second
homes and long-term empty properties in the immediate term. This step, approved by
CoSLA leaders, could be used in Argyll and Bute to mitigate the current Housing
Emergency and incentivise second home owners to consider selling or renting their
properties. 
4.2 With the number of second homes on the rise in Argyll and Bute, this change could
significantly impact Council Tax revenues. However, implementing this policy will come
with associated costs, including staff resources and system modifications. In addition,
the broader landscape of Council Tax is evolving, with the potential introduction of
discretionary powers to introduce a 300% premium on second and long-term empty
homes being considered for future years. These developments will be monitored
closely and underscore the dynamic nature of Council Tax policies and their potential
influence on Argyll and Bute's fiscal landscape in the years to come. 
5. IMPLICATIONS 
5.1 Policy – This is a new policy for charging double Council Tax on Second Homes 
5.2 Financial – Circa £4.915 million additional Council Tax billed per annum with

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anticipated in year returns of circa £4.177 million. Total administrative costs of circa
£0.118 million.  
5.3 Legal – secondary legislation being drafted to allow change from 1 April 2024. 
5.4 HR – Possibility of 3 new posts to administer the levies 
5.5 Fairer Scotland Duty - None 
5.5.1 Equalities – None
5.5.2 Socio-Economic Duty – None
5.5.3 Islands Duty - None
5.6 Risk – None.
5.7 Customer Service - None 
5.8 Climate Change Implications - None 
Kirsty Flanagan, Section 95 Officer/ Executive Director with Responsibility for
Financial Services 
Anne Blue, Head of Financial Services 
25 October 2023 
Policy Lead for Finance and Corporate Services:  Councillor Gary Mulvaney 
For further information please contact:- 
Fergus Walker, Revenues and Benefits Manager Tel 01586-555237

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ANNEXE A – COUNCIL RESPONSE TO SCOTTISH GOVERNMENT CONSULTATION 
ARGYLL AND BUTE COUNCIL
FINANCIAL SERVICES
COUNCIL
29 JUNE 2023
RESPONSE TO SCOTTISH GOVERNMENT CONSULTATION: COUNCIL TAX
FOR SECOND AND EMPTY HOMES AND NON-DOMESTIC RATES THRESHOLD 
1. EXECUTIVE SUMMARY 
1.1  On 17 April 2023 the Scottish Government published its consultation on Council
Tax for second and empty homes, and non-domestic rates thresholds. The
consultation closes on 11 July 2023 and a response has been drafted on behalf
of the Council. This report seeks Council approval in respect of that response. 
1.2 The issue of second homes and their impact on local communities has gained
significant attention in Scotland in recent years. To address this concern, there
has been a proposal to charge double council tax on second homes. 
1.3 In response to the consultation we have considered the double charging of
. Council Tax on second homes and its potential effects on homeowners,
communities, and the overall housing market as well as the impact on tourism.
1.4  Overall we believe it would be of benefit for the Council to be given the direction
in law to charge up to a 100% increase in Council Tax on second homes in the
expectation that it will help to alleviate a lot of the pressure on the local housing
market and local communities whilst generating some additional income for the
Council to use to support the delivery of services in these areas. 
2. RECOMMENDATION 
2.1 It is recommended that the Council approves the consultation response attached
as appendix 1 to this report. 
3. DETAIL 
3.1 There are circa 3,000 second homes in Argyll and Bute, 6.2% of our overall
Council Tax register, higher than any other local authority area in Scotland and
much higher than the national average of 0.9%. 
3.2  There are a number of advantages that increasing the Council Tax charge on
second homes can bring around economic fairness, encouragement of long-term
rental and the deterrence of speculation and property market distortion. 
3.3 There are also some potential disadvantages around the impact on homeowners,
tourism and the local economy and enforcement and administration challenges.

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Advantages
3.4 Economic Fairness 
Revenue Generation: Charging double council tax on second homes could
provide a significant source of revenue for the Council, based on the current rate
of Council Tax and an 85% collection rate on double charges, this could be as
much as £4 million. This could be utilised to fund essential services, infrastructure
development, and community projects. 
Redistribution of Wealth: Increasing tax on second homes may help promote
greater economic equity by reducing the concentration of wealth among property
owners and potentially supporting affordable housing initiatives. 
3.5 Encouragement of Long-Term Rental: 
Increased Housing Availability: Higher taxes on second homes may discourage
owners from keeping properties vacant or underutilised, leading to increased
availability of rental housing for residents in need or increasing the number of
properties for sale in the housing market. 
Boosting Local Rental Markets: By encouraging owners to rent out their second
homes, the policy could strengthen local rental markets, creating a more vibrant
and sustainable community. 
3.6 Deterrence of Speculation and Property Market Distortions: 
Market Stability: The implementation of double council tax on second homes
could discourage speculative investment in the housing market, thereby reducing
volatility and the risk of housing bubbles dramatic price increases followed by
dramatic reductions in prices. 
Promoting Homeownership: Discouraging excessive investment in second homes
may redirect resources towards primary residences, potentially increasing
homeownership rates. 
Disadvantages
3.7 Impact on Homeowners 
Financial Burden: Owners of second homes would face increased tax liabilities,
potentially leading to financial strain for individuals or families who rely on such
properties for personal use or as future retirement assets. Capping such an
increase at 100% in law would at least reduce the possible burdens. 
Property Value Impact: Higher taxes on second homes may diminish property
values in the longer term, negatively affecting homeowners' equity and potential
returns on investment. However if we want younger local people to get a better
chance to get onto the housing ladder locally then this can be an advantage.

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3.8 Tourism and Local Economy 
Tourism Sector: Second homes often contribute to the tourism industry by
attracting visitors who spend money in local businesses. Increased taxes may
discourage property owners from making their homes available for short-term
rentals, impacting the tourism sector. 
3.9 Enforcement and Administrative Challenges 
Identifying Second Homes: Determining which properties qualify as second
homes can be challenging, requiring accurate data collection and monitoring
systems. 
Compliance Issues: Ensuring compliance with the double council tax policy may
require additional administrative resources, and enforcing the tax on non-
compliant property owners could be cumbersome. 
3.10 These details are largely outlined within the proposed consultation response
attach d in Appendix 1. 
Other important considerations in the proposed reply to the consultation 
3.11  In terms of economic fairness, the paper does consider the giving Council's
similar powers here as in Wales where they can charge an increase in Council
Tax of up to 300% on second homes. In our view that would not be fair and a
100% increase like we can do at present for long-term empty properties would
strike the right balance for us. We want these owners to have a chance of
renovating their properties before bringing them to the market. Charging 300%
increase in tax would reduce their capacity to make any changes to improve their
property. 
3.12  Similarly in terms of the enforcement and administration challenges bringing the
second home charges to a maximum 100% like the charges on long-term empty
properties will ease the administrative burden somewhat on the Council Tax
team. The team are due to conduct a second home review shortly and this will be
even more important now given the details within the consultation document. 
3.13  The consultation document talks about the thresholds for defining self-catering
units in Non-Domestic Rates. This is important as this could be an avoidance
tactic used by second homeowners if the Council increase its Council charges on
second homes. Increasing the number of days that properties need to be
advertised and actually let to be classed as non-domestic properties is
reasonable and would help to minimise the chances for tax avoidance. 
3.14 Any extra income generated as a result of this change in policy needs to be made
available for Council's to use as they see fit and must not be ring-fenced to cover
Scottish Government priorities. This is made clear in the response.

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4. CONCLUSION 
4.1 The opportunity to charge double council tax on second homes in our area
presents a number of key benefits and challenges. While it may promote
economic fairness, encourage long-term rentals, and deter property market
distortions, it could also impact the tourism sector. Balancing these factors is
crucial for us when considering the implementation of such a policy, with careful
consideration of its potential short-term and long-term effects on individuals,
communities, and the overall housing market. However we currently don't have
this opportunity and we strongly support the Scottish Government's proposal to
allow us the discretion to increase these charges should we want to in the future. 
5. IMPLICATIONS 
5.1 Policy - None at present, any legislative change made by the Scottish
Government could allow us to bring a new policy to Council in the future over
the double charge of Council Tax on second homes.
5.2 Financial - none at present. However if the Council get the powers to vary the
tax and we implement these powers it could generate circa £4milli on in extra
income annually.
5.3 Legal – None.
5.4 HR - None at present, may need more processing/visiting staff is we implement
any potential changes in the future.
5.5 Fairer Scotland Duty – None.
5.5.1 Equalities – None.
5.5.2 Socio-Economic Duty – None.
5.5.3 Islands Duty - Possibly positive change for the Islands with more housing
availability for locals.
5.6 Risk - None.
5.7 Customer Service – None.
5.8 Climate Change Implications – None. 
Kirsty Flanagan, Executive Director with Responsibility for Financial
Services/Section 95 Officer 
Anne Blue, Head of Financial Services
5 June 2023
Policy Lead for Financial Services and Major Projects: Councillor Gary
Mulvaney 
For further information please contact-
Fergus Walker, Revenues and Benefits Manager Tel 01586-555237

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Page 367 
Non-domestic rates/ council tax on second and
empty homes: Consultation
Scottish Government
Riaghaltas na h-Alba 
Respondent Information Form 
Please Note this form must be completed and returned with your response. 
To find out how we handle your personal data, please see our privacy policy:
https://www.qov.scot/privacy/ 
Are you responding as an individual or an organisation?
0 Individual
XO Organisation
Full name or organisation's name 
I
We will share your response internally with other Scottish Government policy teams who
may be addressing the issues you discuss. They may wish to contact you again in the
future, but we require your permission to do so. Are you content for Scottish
Government to contact you again in relation to this consultation exercise?
xD Yes
0 No
I ARGYLL AND BUTE COUNCIL
Phone number 01586 555237
Address
KILMORY,
LOCHGILPHEAD
Postcode PA318RT
Email Address Feraus.walker@aravll-bute.aov.uk
The Scottish Government would like your
permission to publish your consultation
response. Please indicate your publishing
preference: 
xD Publish response with name
□ Publish response only (without name)
□ Do not publish response
Information for organisations:
The option 'Publish response only (without
name)' is available for individual
respondents only. If this option is selected,
the organisation name will still be
published.
If you choose the option 'Do not publish
response', your organisation name may still
be listed as having responded to the
consultation in, for example, the analysis
report.

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We are satisfied with the current definition of a second home. It is fairly
straightforward to administer for the purpose of assessing Council Tax liability and it
gives a clear definition of a second home.
Questionnaire 
Question 1
Do you think the current definition of a second home should continue to apply?:
More information:
For council tax purposes, the current definition of a second home is, 'a dwelling which is
no one's sole or main residence and that is lived in for at least 25 days during the 12
month period of the council tax charge'.
Answer:
xD Yes
□ No
D Don't know
Please give reasons for your answer. 
Question 2
Do you think the discount eligibility for job related dwellings and purpose built holiday
accommodation is appropriate?:
More information:
Eligible job related dwellings and purpose built holiday accommodation are entitled to a
council tax discount of 50%.
Purpose built holiday accommodation is defined as a dwelling that is used for holiday
purposes and has a licence or planning permission limiting its use for human habitation
throughout the whole year. An example might be chalets or other types of holiday
accommodation that are either unsuitable to be occupied all year round (their
construction may mean they are only suitable to be lived in during the warmer months)
or are not allowed to be lived in all year due to planning, licensing or other restrictions.
Job-related dwellings are defined as homes owned by someone who has to live
elsewhere for most or all of the time as part of their job, or the home the person
occupies to undertake their job if the person has another home that is their main
residence. 
Answer:
xD Yes
□ No
D Don't know

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The discount eligibility for Purpose Built Holiday Homes is fine. Most owners of
chalets will only use the property during periods of the spring or summer months and
are likely to be paying full Council Tax on their main residence. Often the park the
chalet is in is not licenced for the full year so the owners of the chalet cannot use it
for a period of the year. Therefore a 50% discount is reasonable on the chalet type
accommodation in these circumstances.
Likewise a job related dwelling is not a person's sole or main residence for Council
Tax. It is important to rural businesses to be able to attract workers to job related
dwellings in order to deliver goods and services in these settings therefore the 50%
discount should remain in place. Also as the occupant be paying full Council tax at
their main residence elsewhere then a 50% discount is suitable at their job related
dwelling.
With 6.2% of the council tax register taken up with second homes in Argyll and Bute,
proportionately the highest in Scotland and well above the Scottish average at 0.9%.
It is very difficult for local residents to be able to buy a property in many of our remote
rural communities given local housing market conditions and number of second
homes that we have in our area does not help. Second home owners do not
contribute to the local economy all year round and additionally having a significant
number of second homes in our area makes it harder to grow our population and
increase the size of our local communities. By increasing the Council Tax charged on
second homes we would encourage people to sell or let their second properties and
if they decide not to then they will at least contribute more to the economy with
increased local taxes.
Please give reasons for your answer. 
Question 3
Do you think councils should be able to charge a council tax premium on top of regular
council tax rates for second homes?
More information:
A premium is charging more than the full rate of council tax. 
Answer:
xD Yes
0 No
0 Don't know
Please give reasons for your answer. 
Question 4
If you have answered yes to question 3, what do you think the maximum premium
councils could charge should be?
More information:
50% premium is the same as one and a half times the normal rate of council tax.
100% premium is double the normal rate of council tax

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Practically it would be easier to charge an increase of 100% to bring second homes
into line long-term empty properties. The impact on the rural communities of second
homes and empty properties has parallels although properties being empty does
have a larger negative impact. If the council were to increase the second home
charges to beyond those of empty properties ie:- by 200% or 300% it may encourage
second home owners to leave their properties empty due to the lower level of Council
tax charged. This would be counter-productive, at least second home owners tend to
maintain their properties well and visit them at least 25 days per annum when they
will spend monies in the local community. A similar increase in premium to empty
properties would incentivise second home owners to sell or let their property or just
pay the extra taxes, they would not benefit at all from leaving it empty. 
150% premium is two and a half times the normal rate of council tax
200% premium is three times the normal rate of council tax
250% premium is three and a half times the normal rate of council tax
300% premium is four times the normal rate of council tax 
Answer:
□ 50%
x□ 100%
□ 150%
□ 200%
□ 250%
□ 300%
□ Other (specify) 
100% 
Please give reasons for your answer. 
Question 5
What factors should be taken into account by councils when deciding whether to
introduce a premium on council tax for second homes?
More information:
A non-exhaustive list of potential factors is set out below:
• numbers and percentages of second homes in the local area
•  distribution of second homes and other housing throughout the council area and
an assessment of their impact on residential accommodation values in particular
areas
• potential impact on local economies and the tourism industry
• patterns of demand for, and availability of, affordable homes

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All of the factors above should be considered when setting a policy for charging extra
Council Tax on second homes. Other factors in a local policy could include the
availability of local tradesmen to assist homeowners to upgrade properties before
selling or letting them. In rural areas these tradesmen can be difficult to find meaning
that any renovation works can take some time to complete. This may contribute to
the larger proportion of second homes and empty properties being in remote rural
communities.
There are also circumstances where people have been left a property by a relative
who is deceased, this has been traditionally a significant reason for long term empty
properties in the past. Some beneficiaries in these circumstances have no funds to
do any works to the properties making it hard to sell or let. Being charged double
Council Tax in these circumstances could be counterproductive. These factors could
be considered though by individual council's as part of their policy setting process in
respect of second homes/long term empties using their discretion to best fit this to
their area..
• potential impact on local public services and the local community
• other existing measures or policies that are aimed at increasing housing supply
and the availability of affordable housing
Councils may also decide not to use the powers or to disapply a premium for a specific
period of time.
A non-exhaustive list of examples of where a council might consider doing this include:
• where there are reasons why the home could not be lived in as a permanent
residence
• where there are reasons why a home could not be sold or let
• where the owner's use of their accommodation is restricted by circumstances not
covered by an exception from the premium
• where charging a premium might cause hardship 
Answer:
Please list the factors and provide reasons for your answer: 
Question 6
If you do, or were to, own a second home please tell us what you would do if the
applicable rate of council tax were to increase, and the 'thresholds' to be classed as self-
catering holiday accommodation for non-domestic rates purposes stayed the same?
More information:
The current threshold for defining premises as self-catering holiday accommodation
liable for non-domestic rates is it must be available to let for 140 days or more and
actually let for 70 days or more in the same financial year.
A private residential tenancy is when a registered landlord lets accommodation to an
individual/s and it will be their sole or main residence. All tenancies created on or after 1
December 2017 are open-ended, which means a landlord will no longer be able to ask a
tenant to leave simply because the fixed term has ended. 
Answer:

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Not applicable, this response is provided on behalf of organisation not from the point
of view of a second home owner.
D The home is (or would be) already used as self-catering accommodation and
liable for non-domestic rates
D The home is (or would be) already used as a private residential tenancy and the
tenant is liable for council tax
D I would continue to use it purely for personal use and pay the higher rate of
council tax
D I would continue with split use between self-catering accommodation (below the
non-domestic rates threshold) and personal use, and pay council tax
D My second home already has/would have split use between self-catering
accommodation (below the non-domestic rates threshold) and personal use. Rather than
pay the higher rate of council tax, I would increase the number of days the
accommodation is available to let and actually let in order to meet the non-domestic
rates thresholds
D My second home is purely for personal use. However, in order to stop paying
council tax, I would make it available as self-catering accommodation for 140 days or
more and actually let it for 70 days or more in order to be liable for non-domestic rates
D I use my second home purely for personal use but I would change its use to a
private residential tenancy
D I use my second home as self-catering accommodation (below the non-domestic
rates threshold) but I would change its use to a private residential tenancy
D I will seek reclassification as an empty home and pay council tax
D I will sell the second home 
Question 7
Do you think councils should be able to charge a higher premium than the current 100%
(double the full rate) of council tax on homes empty for longer than 12 months?
More information:
Councils currently have the discretion to charge up to 100% premium on council tax on
homes empty for longer than 12 months. 
Answer:
D Yes
x0 No
D Don't know

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100% increase in Council Tax is the right level of increase, it provides an incentive to
homeowners to bring the property back into use. Tradesmen in rural areas are hard
to get so the length of time these properties take to bring back into use can be
considerable. The price of materials is also increasing. Any further increase in council
tax charges could make the cost of bringing properties back into use totally
unaffordable. We don't want to tax people so much that they can't afford to pay for
the works required to bring properties back into use.
Please give reasons for your answer. 
Question 8
If you have answered yes to question 7, what do you think the maximum premium
councils could charge should be?
More information:
This question is asking what the maximum premium should be for homes that have been
empty for longer than 12 months.
The current maximum is 100% premium, which is double the normal rate of council tax. 
Answer:
□ 150%
□ 200%
□ 250%
□ 300%
□ Other (specify) 
Please give reasons for your answer.
I Not applicable 
Question 9
Do you think there should be a stepped approach to charging higher rates of council tax
on long-term empty homes?
More information:
By 'stepped approach' we mean only giving councils powers to charge higher rates of
council tax the longer the home is empty. For example, 100% premium at 12 months,
200% premium at 2 years, 300% premium at 5 years.
100% premium is the same as double the normal amount of council tax.
200% premium is the same as three times the normal amount of council tax

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No, it is important to get the right balance between people willingly paying extra and
simply being unwilling or unable to pay going forward. Our experience suggests 85%
of people are prepared to pay the extra 100% increase for long-term empty
properties until they are bought back in use. Increasing these charges beyond that
level is likely to squeeze the taxpayer too much and they are unlikely to pay.
Additionally the older the debt is the harder it is to collect in general terms so an
increased Council Tax rate would only compound matters here. Efforts to recover
arrears could lead the Council to taking sequestration action and even in these
circumstances where sequestration is successful, if the debtor has no cash and the
property is not is a condition to sell then there may be little or no return for the debt in
any case. Finding a balance is important in terms of taxpayers paying more and not
being able to pay at all, this sort of stepped arrangement doesn't strike that balance.
300% premium is the same as four times the normal amount of council tax. 
Answer:
D Yes
x0 No
D Don't know
Please give reasons for your answer. 
Question 10
Are there any exceptions that are not already taken into account, that should be, when
charging a premium of council tax on homes empty for longer than 12 months? 
More information: 
Current discretionary powers for councils to change council tax liability for empty
homes 
Status of
empty home
Up to 6
months
6-12 months 12 months+ 2 years+
No work Owner may Discount can Discount can be Discount can be
underway and apply for an be varied varied between varied between
not for sale or unoccupied between 50 50 and 10% or 50 and 10% or
let and
unfurnished
and 10% discount can be
removed
discount can be
removed 
exemption  or premium of or premium of   
up to 100% can up to 100% can   
be applied be applied
If undergoing 50% discount Owner may Discount can be Discount can be
repair work to cannot be apply for a varied between varied between
make them changed major repairs 50 and 10% or 50 and 10% or
habitable  or structural discount can be discount can be  
alterations
exemption.
removed
or premium of
removed
or premium of

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up to 100% can up to 100% can
Discount can be applied.  be applied.
be varied
between 50
and 10%. 
If 50% discount 50% discount 50% discount  a premium of up
being actively cannot be cannot be  cannot be to 100% can be
marketed for  changed changed changed charged
sale or let 
The current list of exemptions to council tax are: 
Exemption
Dwellings last occupied by charitable bodies
Dwellings last occupied by persons living or detained
elsewhere 
Deceased owners 
Dwellings empty under statute
Dwellings awaiting demolition
Dwellings for occupation by ministers
Dwellings occupied by students, etc.
Repossessed dwellings
Agricultural dwellings
Dwellings for old or disabled persons
Halls of residence
Barracks, etc.
Dwellings occupied by young people
Difficult to let dwellings
Garages and storage premises
Dwellings of persons made bankrupt
Visiting forces 
Period of Exemption
Up to 6 months
Unlimited
Unlimited up to grant of
confirmation 
6 months after grant of
confirmation
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited

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There could be some additional flexibility built into the discretionary powers to extend
discounts where there is significant works planned that have been subject to
planning delays, or where it has been really difficult to get tradesmen especially in
remote rural and/or island communities. 
Dwellings occupied by severely mentally impaired
persons
Prisons
Prescribed housing support services accommodation 
Unlimited 
Unlimited
Unlimited 
Answer:
Please tell us about exemptions that you feel should apply and give reasons for your
answer. Do not include exemptions that are already provided for. 
Question 11
What factors should be taken into account by councils when deciding whether to
introduce a premium on council tax for homes empty for longer than 12 months?
More information:
A non-exhaustive list of potential factors might be:
• numbers, percentages and distribution of long-term empty homes throughout a
local area
• potential impact on local economies and the community
• patterns of demand for, and availability of, affordable homes
• potential impact on local public services
• impact on neighbours and local residents 
Councils may also decide not to use the powers or to disapply a premium for a specific
period of time. A non-exhaustive list of examples of where a council might do this
include:
• where there are reasons why a home could not be sold or let
• where an offer has been accepted on a home but the sale has not yet been
completed and the exception period has run out
•  if the home has been empty for longer than 12 months but has been recently
purchased by a new owner that is actively taking steps to bring the home back
into use
• if an owner has submitted a timely planning application or is undergoing a
planning appeal that is under consideration by the council or Scottish
Government. This means they cannot undertake work to bring the home back into
use until that process is concluded
•  where charging a premium might cause hardship or act as a disincentive to
bringing the home back into use e.g. where extensive repairs are actively being
carried out 
Answer:

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All of the factors above would form part of the decision to charge a premium on
Council Tax for homes empty for longer than 12 months or indeed to disapply a
premium going forward.
Please list factors and give reasons for your answer. 
Question 12
If you do, or were to, own a home that has been empty for longer than 12 months,
please tell us what you would do if your council decided to increase the maximum
council tax charge above 100% premium?
More information:
Council tax premium:
•  100% premium is the same as double the normal rate of council tax. This is the
current maximum councils can decide to charge. This question asks what you would
do if councils are given powers to charge more than this e.g. up to 300% premium/
four times the normal rate and the council where your empty home is located decided
to apply an increase.
•  You may find it helpful to view what we mean by some of the options given e.g.
short-term lets and private residential tenancies.
Short-term lets:
•  In this consultation, short-term lets is a term used to refer to the whole or part of
accommodation provided to one or more guests on a commercial basis that does not
become the main residence of the guest/s. Self-catering accommodation is a type of
short-term let and may be liable for council tax or non-domestic rates depending on
the number of days they are available to let and actually let in the financial year.
• Self-catering accommodation must be available for let for 140 days or more and
actually let for 70 days or more in the financial year, to be exempt from council tax
and liable for non-domestic rates
Private residential tenancies:
•  A private residential tenancy is when a registered landlord lets accommodation to an
individual/s and it will be their sole or main residence. All tenancies created on or
after 1 December 2017 are open-ended, which means a landlord will no longer be
able to ask a tenant to leave simply because the fixed term has ended. 
Answer:
D Leave the home empty and pay the higher council tax
D Sell the empty home
D Use the home as a private residential tenancy
D Use the home as a short-Term Let
D Other (specify)

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Not applicable, response is on behalf of an organisation not the owner of an empty
property.
If the proposals to levy double Council Tax charge on second homes goes ahead
then there is likely to be a large increase in requests from property owners to the
Assessor to move their property off of the Council Tax register and onto the
Valuation roll for rates. An increase to current threshold would be the best way to
discourage this and prevent a significant reduction in the overall value of the tax
base.
Please give reasons for your answer. 
Question 13
Do you think that the letting thresholds for self-catering accommodation for non-
domestic rates should be changed?
More information:
The owners, tenants or occupiers of self-catering accommodation (who may be
businesses, the public or the third sectors) may be liable for either council tax or non-
domestic rates. This includes owners of second homes who use them for self-catering
accommodation. 
The current threshold for defining premises as self-catering holiday accommodation
liable for non-domestic rates is it must be available to let for 140 days or more and
actually let for 70 days or more in the same financial year. 
Answer:
xD Yes
0 No
0 Don't know
Please give reasons for your answer. 
Question 14
If you have answered yes to question 13, what do you think the threshold for the number
of days self-catering accommodation must actually be let for should be?
More information:
The current threshold is self-catering accommodation must actually be let for 70 days in
the financial year. 
Answer:
0 50 days
xD 100 days

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Please give reasons for your answer.
The season in Scotland is short, typically running from the start of April to the end of
September with some extra weeks in October and December for short holiday
periods. 
Therefore the season is roughly 200 days long so if a property is advertised for the
season and actually let for 50% of the season, then a threshold of 100 days for
actually letting out a self-catering unit is fair in our view.
In Scotland a property should be available for let at least 50% of the year, April to
September additionally at the Christmas period and for a short period in October.
Therefore 200 days in our view would be a reasonable threshold in the definition of a
self-catering unit.
0 140 days
0 180 days
0 Other (specify) 
Question 15
If you have answered yes to question 13, what do you think the threshold for the number
of days self-catering accommodation must be available to let should be?
More information:
The current threshold is self-catering accommodation must available to let for 140 days
in the financial year. 
Answer:
□ 120 days
□ 160 days
xD 200 days
□ 250 days
□ Other (specify) 
Please give reasons for your answer.

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Letting thresholds should be determined by the Scottish Government, if discretion is
given to local authorities they could end up competing with each other to offer the
best conditions to property owners. It could become a bit of a postcode lottery for the
owners of these units in respect of whether their self-catering unit is rated on NOR or
Council Tax depending on rules that would vary from one Local Authority area to
another, this could be confusing for the public.
Not applicable
Question 16
Do you think councils should have discretion to change the self-catering accommodation
'days actually let' threshold, for their local area? 
Answer:
D Yes
x[J No
D Don't know
Please give reasons for your answer. 
Question 17
If you answered yes to question 16 do you think that councils should have discretion to: 
Answer:
D Increase the number of days actually let only
D Decrease the number of days actually let only
D Increase or decrease the number of days actually let
Please specify if you think councils should have discretion to do something else 
Please give reasons for your answer 
Question 18
Do you have any other comments on the non-domestic rates system in respect of self-
catering accommodation?

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Consideration should be given to making the Small Business Bonus Scheme (SBBS)
less generous in NOR for self-catering units. These units normally attract a very low
rateable value and are eligible for 100% relief through SBBS and therefore don't
make any contribution to local tax in the area. There is a significant difference
between a second home potentially paying double Council Tax in the future on a
property and the property being on the NOR roll and attracting 100% relief. Limiting
the relief to 25% or doing away with it altogether should be considered. 
Answer: 
Please provide your views 
Question 19
If you do, or were to, own a second home please tell us what you would do in the event
that the applicable rate of council tax and non-domestic rate thresholds both increased? 
More information:
The current threshold for defining premises as self-catering holiday accommodation
liable for non-domestic rates is it must be available to let for 140 days or more and
actually let for 70 days or more in the same financial year. 
A private residential tenancy is when a registered landlord lets accommodation to an
individual/s and it will be their sole or main residence. All tenancies created on or after 1
December 2017 are open-ended, which means a landlord will no longer be able to ask a
tenant to leave simply because the fixed term has ended. 
Answer:
D The home is already used as a private residential tenancy
D  I would continue to use it purely for personal use and pay the higher rate of council
tax
D  I would continue with split use between self-catering accommodation (below the
thresholds to be liable for non-domestic rates) and personal use, and pay council
tax
D My second home already has/would have split use between self-catering
accommodation (below the non-domestic rates threshold) and personal use.
Rather than pay the higher rate of council tax, I would increase the number of days
the accommodation is available to let and actually let in order to meet the non-
domestic rates thresholds
D My second home already has/would have split use between self-catering
accommodation (above the non-domestic rates threshold) and personal use.
Rather than revert to paying council tax, I would increase the number of days the
accommodation is available to let and actually let in order to meet the higher non-
domestic rates thresholds

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Not applicable, response is provided on behalf of the local authority.
D My second home is purely for personal use. However, in order to stop paying
council tax, I would make it available as self-catering accommodation and let it for
the number of days I needed to in order to be liable for non-domestic rates
D I use my second home purely for personal use but I would change its use to a
private residential tenancy
D  I use my second home as self-catering accommodation (below the non-domestic
rates threshold) but I would change its use to a private residential tenancy
D I would seek reclassification as an empty home and pay council tax
D I would sell the second home
D Other (specify) 
Please give reasons for your answer. 
Question 20
If you do, or were to, own a second home please tell us what you would do in the event
that:
a) council tax powers remained as they are for second homes (i.e. no provision for
councils to charge a premium), but
b) the 'thresholds' to be classed as self-catering holiday accommodation for Non-
domestic rates purposes increased?
More information:
The current threshold for defining premises as self-catering holiday accommodation
liable for non-domestic rates is it must be available to let for 140 days or more and
actually let for 70 days or more in the same financial year. 
.A. private residential tenancy is \Nhen a registered landlord lets accommodation to an
individual/s and it will be their sole or main residence. All tenancies created on or after 1
December 2017 are open-ended, which means a landlord will no longer be able to ask a
tenant to leave simply because the fixed term has ended. 
Answer:
D The home is already used as a private residential tenancy
D I would continue to use it purely for personal use and pay council tax

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Not applicable responding on behalf of the local authority
D  I would continue with split use between self-catering accommodation (below the
thresholds to be liable for non-domestic rates) and personal use, and pay council
tax
D  My second home already has/would have split use between self-catering
accommodation (above the non-domestic rates threshold) and personal use. I
would increase the number of days the accommodation is available to let and
actually let in order to meet the higher non-domestic rates thresholds
D  I use my second home as self-catering accommodation (above the current non-
domestic rates threshold). If I was not able to meet the new thresholds, I would
change its use to a private residential tenancy
D I would seek reclassification as an empty home and pay council tax
D I would sell the second home
D Other (specify) 
Please give reasons for your answer: 
Question 21
Please tell us how you think changes to council tax and/or non-domestic rates
thresholds for self-catering accommodation might affect businesses in your area.
Answer:

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Increase in Council Tax being charged on second homes may lead to the properties
being sold or let and turned into primary residences for people to assist with the
supply of housing locally to accommodate key workers.
An increase in applications to move from second homes in Council Tax to self-
catering units in NOR may actually reduce the gross local tax chargeable by the local
authority. However there may be an increase in tourism if second homeowners are
forced to let out their second homes to other tourists to meet the definition of self-
catering accommodation in NOR. This more transient tourism model would likely
boost the local economy with more people visiting for shorter periods of time tending
to eat out.
Argyll and Bute currently has the highest proportion of second homes in Scotland at
6.2% of the overall Council Tax base. This is well above the 0.9% average in
Scotland. There is a lack of affordable housing available for local people and a lack
of both temporary and permanent accommodation for workers and key workers who
may need to reside in the communities to work on specific projects. In addition recent
experiences show that people from urban areas are buying houses as second homes
at inflated prices effectively taking these properties out of reach of local people.
Average earnings of rural populations are lower than householders living in urban
areas. Applying increased levels of Council Tax on second homes in our area may
incentivise second home owners to sell or let their properties freeing up housing that
is available. This may encourage young people to stay in the area to live and work if
there is more affordable housing available. If they don't want to sell or let their
property then they will at least be pa'y ng more in local tax to support the delivery of
vital local services.
Please provide your views 
Question 22
Please tell us how you think changes to the maximum council tax rate for second and/or
empty homes and non-domestic rates thresholds might affect your local area or
Scotland as a whole (social, economic, environment, community, cultural, enterprise).
More information:
We have prepared a partial Business Regulatory Impact Assessment and undertaken
screenings to initially consider other impacts. We would welcome your views and
comments to help us expand on these assessments. 
Answer:
Please provide your views 
Question 23
Please tell us how you think the changes identified might affect island communities.
More information:
We have prepared a partial Island Communities Impact Assessment and undertaken
screenings to initially consider other impacts. We would welcome your views and
comments to help us expand on these assessments.

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These problems are particularly concentrated on island communities. Mull, Iona, Coll
and Tiree and Islay and Jura all feature in the list of datazones with the highest
proportion of second homes in Scotland, with 1 in every 4th /5th property a second
home lived in for 25 days per annum minimum. The local population is ageing and
declining and tourism whilst welcome is pushing up house prices making it very
difficult for young local people who want to stay, live and work on the islands, to
make a start in life there. Charging more Council Tax for second homes on these
islands should help to free up some of this housing and bring it back into use for the
local community or at the very least give the Council the opportunity to recover more
local taxes and use these to further support remote rural and island communities.
Typically families with more than one property are wealthier than families with one or
no properties so the additional local taxes is aimed at the correct cohort of the
population. 
Additionally we agree with the Scottish Government research which concludes that it
does not consider there to be any equalities issues affecting people with protected
characteristics arising from these proposals.
Answer:
Please provide your views 
Question 24
Do you think there are any equality, human rights, or wellbeing impacts in relation to the
changes set out in the consultation? 
Answer:
D Yes
x□ No
D Don't know
Please give reasons for your answer. 
Question 25
Is there anything else you would like to tell us in relation to this consultation?
Answer:

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We strongly believe that local authorities should have the discretion to vary the
Council Tax on second homes and long term empty properties particularly local
authorities with a low population density. 
No additional income should be ring fenced by the Scottish Government for any
specific purpose. This should be left to the discretion of the local authority.
Council
Please provide any further comments on the proposals set out in this consultation in the
box below. 
Aboutyou 
Please tell us which of the following categories best describe you (select all that apply):
• Owner of a Second Home
• Owner of a Long-term Empty Home
• Short-Term Let/Self-Catering accommodation operator
• Council or Assessor
• Organisation e.g. third sector or industry body
• Member of the Public
• Other, please specify 
Please tick whichever council areas apply to you (or select all of Scotland)?:
• Aberdeen City
• Aberdeenshire Council
• All of Scotland
• Angus Council
• X Argyll and Bute Council X
• City of Edinburgh Council
• Clackmannanshire Council
• Dumfries and Galloway
• Dundee City Council
• East Ayrshire Council
• East Dunbartonshire Council
• East Lothian Council
• East Renfrewshire Council

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• Falkirk Council
• Fife Council
• Glasgow City Council
• Highland Council
• Inverclyde Council
• Midlothian Council
• Moray Council
• Na h-Eileanan Siar Council
• North Ayrshire Council
• North Lanarkshire Council
• Orkney Council
• Perth and Kinross Council
• Renfrewshire Council
• Scottish Borders Council
• Shetland Council
• South Ayrshire Council
• South Lanarkshire Council
• Stirling Council
• West Dunbartonshire Council
• West Lothian Council