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4. 2023 06 13 2nd Home Council Tax Consultation (FINAL)

North Ayrshire Council · 13 June 2023
Back to Cabinet — 13 June 2023 and its agenda

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NORTH AYRSHIRE COUNCIL 
13 June 2023 
Cabinet 
Title:    Council Tax for second and empty homes, and non-domestic
rates thresholds: consultation 
Purpose:  The report outlines the proposed response from North Ayrshire
Council to the Scottish Government consultation on Council Tax
for second and empty homes, and non-domestic rates thresholds 
Recommendation:  Cabinet is asked to approve the proposed response to the
consultation for submission by 11 July 2023 
1. Executive Summary 
1.1 The Scottish Government launched a consultation on Council Tax for second and empty
homes, and non-domestic rates thresholds, on the 17 April 2023 and responses are
sought by 11 July 2023. 
1.2 The proposal is whether to provide additional powers to councils allowing them
discretion to: 
• charge up to 100% premium (double the full rate) on council tax for second
homes;
• charge more than 100% premium on council tax for second homes and long-term
empty homes 
1.3 The proposed response to the consultation is included in Appendix 1 of the report. It is
recognised that North Ayrshire does experience particular challenges for affordable
housing availability within the island community of Arran. The proposed response
therefore supports the general policy of local authorities having the powers to apply a
premium on Council tax for second home ownership and similarly, to have the powers
to increase further any Council tax premium on long term empty properties. The extent
to which, however, would very much depend on further evidenced based modelling of
consequences and any unintended consequences around home ownership models, to
be applied to the local circumstances of North Ayrshire. This approach also applies to
any consideration around changing thresholds in respect of holiday lets. 
2. Background 
2.1 This public consultation seeks views on giving local authorities the power to increase
council tax on second homes and empty homes, as well as considering whether the

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current non-domestic rates thresholds for self-catering accommodation remain
appropriate. There is the potential for greater fiscal empowerment for councils in the
area of council tax, with the aim of creating the right incentives to increase the availability
of housing. 
2.2 The proposal is whether to provide additional powers to councils allowing them
discretion to: 
• charge up to 100% premium (double the full rate) on council tax for second
homes;
• charge more than 100% premium on council tax for second homes and long-
term empty homes 
2.3  Taxation is one measure that can support local areas to reach the right balance for
their local circumstances, to influence ownership patterns and the detrimental impact
they can have on the availability of homes to meet local needs. Enabling councils to
apply a premium on council tax on second homes could potentially generate additional
revenue that could be used to benefit the local community and contribute to affordable
housing schemes. It is also recognised however, that such a move could shift
ownership patterns more towards holiday letting models and as such, liability shifting
from council tax to non-domestic rates. 
2.4   Cabinet is asked to consider the broad policy aims included within the Consultation
and to what extent this could or should be adopted within a North Ayrshire context. In
particular, to what extent local taxation should be used as an instrument to influence
change and how the overall impacts for the area are balanced e.g. more affordable
housing availability, net impact on the local economy, impact on tourism, and impact
on current second home owners or owners of long term empty properties and holiday
letting accommodation.
2.5 Availability and affordability of housing is a major issue for the Island community of
Arran. Local authority powers to charge a premium for second homes could potentially
influence a behavioural change to deliver more housing availability for local people. To
set a local context, almost 40% of second homes in North Ayrshire are located in
Arran, with a further 30% located in Cumbrae. This could also potentially have a net
positive economic benefit due to the greater levels of occupancy within those
communities and provide additional finance for local authorities to help continue to
fund affordable housing programmes, albeit this may only be short-term. From a North
Ayrshire Council perspective, it is important that the local authority has the power to
charge a premium on Council tax for second home ownership and potentially a further
premium on top of the 100% levy applied to long-term empty properties, however, the
extent to which would be based on local circumstances and an evidenced based
understanding of the impacts across all stakeholder groups. In particular, there would
be a requirement to model various scenarios across potential behavioural patterns
and outcomes and taking cognisance of housing availability types linked to affordable 
housing need. 
2.6 It is also recognised that care should be taken when considering any changes to
thresholds associated with holiday letting accommodation. North Ayrshire benefits
from some very popular tourist destinations. It is important therefore to ensure

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appropriate levels of tourist accommodation provision remains in place to support this
important sector. Similar to second home ownership, the recommended position
reflected in the Consultation response is for the local authority to have the power to
change thresholds associated with determining holiday letting accommodation,
however the extent of any potential change would have to be supported by
appropriate modelling and evidence gathering to ensure the impacts are fully
understood.
2.7 The proposed response to the consultation is included in Appendix 1 of the report. Not
all questions within the consultation lend themselves to an appropriate local authority
response as they are more citizen driven and as such they have been recorded as not
applicable. 
3. Proposals 
3.1 Cabinet is asked to approve the proposed response to the consultation included in
appendix 1 of the report for submission to the Scottish Government by 11 July 2023 
4. Implications/Socio-economic Duty 
Financial 
4.1 None. However, it is recognised that any future powers for the local authority that leads
to changes to the level of council tax premiums, could generate additional levels of
council tax income for the local authority and potentially provide additional funding to
support the Affordable Housing programme. 
Human Resources 
4.2 None identified at this stage. There is a risk however if the local authority is granted
more powers to apply council tax premiums and amend thresholds for holiday letting
accommodation, this could have resource implications for the council. This will become
clearer if the powers are granted. 
Legal 
4.3 The current legislative framework around second homes, long-term empty properties
and thresholds for holiday letting accommodation will require to be updated by the
Scottish Government should the additional powers be granted to local authorities. 
Equality/Socio-economic 
4.4 Should additional powers be granted to local authorities there will be a requirement to
undertake an equality impact assessment as well as key stakeholder consultation in
order to fully understand the impacts associated with any change. 
Climate Change and Carbon 
4.5 None.

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Key Priorities 
4.6 This report cuts across all 3 key priorities of the Council i.e. Aspiring Communities,
Inspiring Place and A Council for the Future and across a range of priority outcomes
and is aligned to the local housing strategy and Islands plan. 
Community Wealth Building 
4.7 Supports the Community Wealth Building Strategy across the pillars of finance, land
and property and inclusive ownership. 
5. Consultation 
5.1 Engagement across Council Directorates, senior officers and a Member’s Policy
Advisory panel delivered on 2 June 2023. 
Mark Boyd
Head of Service (Finance) 
For further information please contact Mark Boyd, Head of Finance, on 01294 324560. 
Background Papers
0

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Non-domestic rates/ council tax on second and
empty homes: Consultation 
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.gov.scot/privacy/ 
Are you responding as an individual or an organisation?   
Individual 
Organisation
Full name or organisation’s name 
Phone number 
Address 
Postcode 
Email Address 
The Scottish Government would like your 
permission to publish your consultation 
response. Please indicate your publishing 
preference: 
Publish response with name 
Publish response only (without name) 
Do not publish response
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? 
Yes 
No 
North Ayrshire Council
Cunninghame House, Irvine.
01294 324560
KA12 8EE
markboyd@north-ayrshire.gov.uk
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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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: 
Yes 
No 
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: 
Yes 
No 
Don’t know
A second home is a dwelling which is no one's sole or main residence but which is
furnished and lived in for at least 25 days during the chargeable 12 month period. 
The current definition seems appropriate and proportionate to determine a second
home.

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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: 
Yes 
No 
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
150% premium is two and a half times the normal rate of council tax
When considering the policy intent for more permanent affordable housing, any
change to the current discount for purpose built holiday accommodation would not
necessarily help address this core issue as the property would not be suitable for
permanent residence, so no driver for change here. 
In respect of job related dwellings, if this helps secure key workers / staffing for vital
services that contribute to the services in the area and support the local economy
then this could be deemed appropriate, however, local authorities could benefit from
more discretion in applying a discount depending on whether the property is owned
or rented by the occupant and the extent to which it is occupied throughout the year.
Availability and affordability of Housing is a major issue for the Island community of
Arran within North Ayrshire.  Local authority powers to charge a premium for second
homes could help influence a behavioural change that leads to more housing
availability for local people. This could also have a net positive economic benefit due
to the greater levels of all year occupancy within the communities and provide
additional finance for local authorities to help further fund affordable housing
programmes, albeit this may only be short-term.  From a local authority perspective,
it is important that the local authority has the powers to charge a premium, however,
the extent to which would be based on local circumstances and an evidenced based
understanding of the impacts across a variety of stakeholder groups.

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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% 
100% 
150% 
200% 
250% 
300%  
Other (specify) 
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
• 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: 
A 100% premium on Council tax would initially bring charges for second homes into
alignment with the current levy on long term empty properties, however,
consideration should be given to providing local authorities with discretionary powers
to set a level of premium based on their particular local circumstances and needs
e.g. to influence an outcome of achieving greater availability of permanent housing. 
This would have to be supported by an evidence base, including modelling and
impact assessments across a range of stakeholder groups.

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• 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: 
Not applicable for a local authority response. 
The main factors to be taken into account would include: 
• Potential impact on availability of affordable housing, especially in tourist hot
spot areas, through influencing the change in ownership / occupation patterns
• Potential impact on public services
• Potential impact on tourism destinations and balancing the need for adequate
tourist accommodation with accommodation for seasonal workers and
accommodation for residents
• Financial impact on second homeowners as a consequence of any premium
applied
• Potential impact on local authority revenue e.g. could create further council tax
and support investment in affordable housing programmes, however, also
recognising the need to model the revenue flow based on changes in
ownership patterns e.g. greater model shift away from council tax to non-
domestic rates through holiday lets qualification and potential NDR reliefs.

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The home is (or would be) already used as self-catering accommodation and
liable for non-domestic rates 
The home is (or would be) already used as a private residential tenancy and the
tenant is liable for council tax 
I would continue to use it purely for personal use and pay the higher rate of
council tax 
I would continue with split use between self-catering accommodation (below the
non-domestic rates threshold) and personal use, and pay council tax 
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 
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 
I use my second home purely for personal use but I would change its use to a
private residential tenancy 
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 
I will seek reclassification as an empty home and pay council tax 
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: 
Yes 
No 
Don’t know
Providing local authorities with the powers to charge higher premiums is supported. 
Again, this would be based on particular local circumstances and require to be
supported by evidence.  This could potentially provide further financial incentives to
current owners to bring such properties into use with potential benefits including
greater availability of housing supply, positive economic impact to local area through
higher levels of occupancy and the potential for further revenue generation to local
authorities to support affordable housing investment. However, it is recognised that
each case surrounding empty properties can be different and there would also have
to be an assessment of any additional financial impact on the owners.

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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. 
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
300% premium is the same as four times the normal amount of council tax. 
There is a recognition that the individual circumstances around long term empty
properties can vary significantly and the potential additional financial burden that this
may cause over and above current levels.  Would therefore support local authorities
having the powers to apply an increase. This would have to be supported by robust
modelling of potential outcomes before any decision around the level of premium is
considered. Potential impacts could include impacts on housing availability of supply
and financial recovery rates of any increased premium understood.

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Answer: 
Yes 
No 
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
underway and
not for sale or
let
Owner may
apply for an
unoccupied
and
unfurnished
exemption
Discount can
be varied
between 50
and 10%
Discount can be
varied between
50 and 10% or
discount can be
removed
or  premium of
up to 100% can
be applied
Discount can be
varied between
50 and 10% or
discount can be
removed
or  premium of
up to 100% can
be applied
If undergoing
repair work to
make them
habitable
50% discount
cannot be
changed
Owner may
apply for a
major repairs
or structural
alterations
exemption. 
Discount can
be varied
between 50
and 10%.
Discount can be
varied between
50 and 10% or
discount can be
removed
or  premium of
up to 100% can
be applied.
Discount can be
varied between
50 and 10% or
discount can be
removed
or  premium of
up to 100% can
be applied.
For the reasons outlined in the response to question 8. Subject to the outcome of
robust modelling and impact assessments, a staged approach to any increase would
be supported. This would allow careful monitoring of impacts.

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

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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 
The current policy on exemptions available beyond the initial 12 month period seem
reasonable and appropriate, therefore there are no obvious exceptions.  The current
exemptions include: 
• left empty by deceased occupier
• left empty by occupier to provide personal care to another person
• unoccupied charity building
• unoccupied church manse
• repossessed property
• subject to Closing or Demolition order
• empty as occupier is in prison, or
• property under responsibility of a bankrupt’s trustee

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Answer:
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: 
Leave the home empty and pay the higher council tax 
Sell the empty home 
Use the home as a private residential tenancy 
Use the home as a short-Term Let
The main factors to be taken into account include: 
• Potential impact on availability of housing to meet local housing need
• Potential impact on level of net economic benefit to the local area
• Financial impact on empty homeowners
• Additional revenue to local authorities to create further investment in
affordable housing and general revenue flow forecasts for local government
funding to support local services

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Other (specify) 
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: 
Yes 
No 
Don’t know
Please give reasons for your answer. 
Not applicable for Local Authority response.
Support the local authority having the powers to change the thresholds based on
local needs. North Ayrshire benefits from some very popular tourist destination areas
and as such we must ensure there is adequate provision of tourist accommodation. 
Any increase to these thresholds could impact on this availability if this resulted in the
property instead being assessed as a second home if occupied for a minimum of 25
days per annum.  In this regard, through the potential impact of a Council tax
premium being applied, whilst this could lead to a benefit in the level of housing
supply, it could be to the detriment of the level of supply of tourist accommodation.  It
is recognised that further modelling would require to be undertaken to better
understand the potential impacts, with the general aim being to deliver a balanced
portfolio of accommodation needs.

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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: 
50 days 
100 days 
140 days 
180 days  
Other (specify) 
Please give reasons for your answer. 
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 
200 days 
250 days  
Other (specify) 
Any consideration around changing self-catering thresholds will require further
modelling to understand potential impacts on the level of tourist accommodation and
for this to be set within the context of local housing need and potential changes
across second home ownership levels and consequential local economic impacts
that could flow from this.

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Please give reasons for your answer.
Question 16
Do you think councils should have discretion to change the self-catering accommodation
‘days actually let’ threshold, for their local area? 
Answer: 
Yes 
No 
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: 
Increase the number of days actually let only 
Decrease the number of days actually let only 
Increase or decrease the number of days actually let
Please specify if you think councils should have discretion to do something else   
Councils having such discretionary powers is supported.  This would allow
appropriate levels to be set following modelling and impact assessments undertaken
across the local area.  With the growth in tourist accommodation models like AirBnB
it is important to ensure the appropriate licensing is in place and impacts fully
understood.  It is also recognised however that this would likely have resource
implications which would have to be addressed as part of any devolved discretionary
powers. 
Any consideration around changing self-catering thresholds will require further
modelling to understand potential impacts on the level of tourist accommodation set
against local housing need and shifts across ownership models.

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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? 
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: 
The home is already used as a private residential tenancy 
I would continue to use it purely for personal use and pay the higher rate of council
tax 
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 
My second home already has/would have split use between self-catering
accommodation (below the non-domestic rates threshold) and personal use.
Full flexibility across all areas is supported to best address local circumstances in
North Ayrshire.  It is also recognised however that this would likely have resource
implications which would have to be addressed as part of any devolved powers. 
No further comment.

Page 20

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 
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 
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 
I use my second home purely for personal use but I would change its use to a
private residential tenancy 
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 
I would seek reclassification as an empty home and pay council tax 
I would sell the second home 
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? 
Not applicable for Local Authority response.

Page 21

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: 
The home is already used as a private residential tenancy 
I would continue to use it purely for personal use and pay council tax 
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 
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 
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 
I would seek reclassification as an empty home and pay council tax 
I would sell the second home 
Other (specify) 
Please give reasons for your answer: 
Not applicable for Local Authority response.

Page 22

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:
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:
It is recognised that changes to council tax charges through the application of a
premium could influence changes in housing ownership models across the area and
potentially help address the housing need in particular problem areas, through more
permanent housing availability.  Increased levels of housing supply could also
potentially influence the levels of housing cost inflation.  It is recognised however,
that when considering affordable housing needs, this may not be matched by the
required type of property supply to meet this need e.g. larger instances of detached
properties, so further modelling of impacts would be required to better understand
potential outcomes of any changes that the Council may wish to apply. From a local
business perspective, any increased level of all year-round housing occupancy could
potentially have a net positive economic impact in the local area and this could
potentially benefit businesses in the local area. Again, further modelling and
assessments of occupants and visitors would be required to consider the level of
economic benefit attributable to various groups e.g. day trippers, overnight stays,
permanent residents, seasonal visitors etc. Similarly, any consideration to changing
thresholds for self-catering accommodation would require further modelling and
assessment of impacts.

Page 23

Please provide your views 
Question 23
Please tell us how you think the changes identified might affect island communities.
It is recognised that changes to council tax charges through the application of a
premium could influence changes in housing ownership models across the area and
potentially influence the housing need in particular problem areas, through more
permanent housing availability.  Increased levels of housing supply could also
potentially influence the levels of housing cost inflation in problem local areas.  It is
recognised however, that when considering affordable housing needs, this may not
be matched by the required type of property supply to meet this need e.g. larger
instances of detached properties, so further modelling of impacts would be required
to better understand potential outcomes of any changes that the Council may wish to
apply.  Any increased level of housing occupancy could have an overall positive net
economic impact for the local area, helping communities grow and flourish all year
round as well as potentially benefitting local businesses. However, it is recognised
that further modelling and assessments of occupants and visitors would be required
to consider the level of economic benefit attributable to various groups e.g. day
trippers, overnight stays, permanent residents, seasonal visitors etc. It is also
important to ensure that sufficient tourist accommodation provision remains so as to
ensure this benefit to the area is maintained, especially at seasonal times. 
The challenges can be particularly acute in our Island communities.  It is recognised
that changes to council tax charges through the application of a premium could result
in changes to ownership models across the islands.  This could potentially help
address the housing need in Arran especially through more permanent housing
availability and supply and this could also influence housing cost inflation. It is
recognised however, that when considering affordable housing needs, this may not
be matched by the required type of property supply to meet this need e.g. larger
instances of detached properties, so further modelling of impacts would be required
to better understand potential outcomes of any changes that the Council may wish to
apply. The area of affordable housing need is a significant issue for Arran and in
response to this North Ayrshire Council has established the Arran Housing Task
Force which brings together a wide range of partners to address the issues which
face island residents and businesses. The taskforce aims to assess the demand for
affordable housing on Arran and identify issues that may be limiting economic
sustainability and growth. 
Any increased level of housing occupancy could also have an overall positive net
economic impact for the local area, helping maintain public services, with staff able to
afford to live in the area to support public and other key services.  Island
communities could potentially grow and flourish all year round, rather than at
particular seasonal times, as well as benefitting businesses. However, it is also
recognised that further modelling and assessments of occupants and visitors would
be required to consider the overall level of economic benefit attributable to various
groups e.g. day trippers, overnight stays, permanent residents, seasonal visitors etc.
It is also important to ensure that sufficient tourist accommodation provision remains
to ensure this benefit to the islands is also maintained.

Page 24

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.
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: 
Yes 
No 
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:
Please provide any further comments on the proposals set out in this consultation
in the box below. 
About you 
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
The main points have been covered, no further comments. 
Those stakeholders negatively impacted are primarily second homeowners and
owners of long term empty properties as this could result in an additional financial
burden.  It is also recognised that there would be a requirement for an equality
impact assessment as part of a wider local consultation to be undertaken prior to any
change in policy being considered or implemented.

Page 25

• 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
• Argyll and Bute Council
• City of Edinburgh Council
• Clackmannanshire Council
• Dumfries and Galloway
• Dundee City Council
• East Ayrshire Council
• East Dunbartonshire Council
• East Lothian Council
• East Renfrewshire Council
• 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 
Chief Officer at North Ayrshire Council.
North Ayrshire Council.