A 28 Day Rule Which Applies To Caravan Dwellings?

[blimeymate]

does anyone know of a rule which deals with council taxation at a holiday caravan, I have seen reference elsewhere of a 28 day rule which involves vacating for 48 hours every 28 days. is this a general rule I wonder, or will caradon continue to be like a crazy cash strapped dog with a bone regardless of my insistence that I am not living there, just enjoy using my caravan most of the time. any helpful suggestions please folks.

[black_cat51]

lol what is the difference between living there and "using my caravan most of the time"?
do you pay CT at the place you live for the rest of the time?

[boxtops]

This seems to suggest that if your caravan is closed for 8 weeks of the year, you don't have to pay. http://www.sheffieldforum.co.uk/archive/index.php/t-983186.html

[blimeymate]

thanks for reply, no, all other temporary accommodation comes with taxes included. ie; bed and breakfast ,campsite fees, lodging contributions when staying with ct paying friends and family so does that mean that I should pay ct for a caravan even though it is already billed for a share of the business rates for the site, and i am not allowed to live in anyway as site owners do not allow residency.

[black_cat51]

council tax rules are complicated, and depend on the council; what you will find is an exempt property in one area may not be in another. Are you saying your site fees include CT, but the council want you to pay again? Or it's the site that want you to pay again?

[black_cat51]

ps, if you are there for the majority of your time, surely it's your main residence?

[Mamyalynne]

Well if you aren't living in it full time and obeying the necessary occupancy CT Guidelines, you won't be paying it - or have I misunderstood?

[Buenchico]

Your post seems to be confusing the rules for planning permission with those for Council Tax.

If someone lives in a caravan where there is no planning permission for residential use of the land occupied by that caravan (e.g. in a friend's garden) then planning permission is not required if the period of occupation is less than 28 days (as the it is only considered to be a temporary 'change of use' of the land). Thereafter planning permission would (in most circumstances) be required.

However the '28 day rule', above, has nothing to do with the occupation of caravans on holiday parks (which have planning permission anyway) for the purposes of deciding whether Council Tax should be charged.

In order to be subject to Council Tax, property must conform with the statutory definition of a dwelling contained in Section 3 of the Local Government Finance Act 1992 (LGFA 1992). That requires that the property must be both 'a hereditament' and 'a domestic property'.

Whether or not a caravan pitch (and/or the caravan on it) should be classed as a 'domestic property' is defined by the provisions of the Rating (Caravan and Boats) Act 1996, which requires that a caravan should be the sole or main residence of an individual if it is to be considered a 'domestic property'. Otherwise it isn't.

Therefore, as long as the caravan doesn't become your sole or main residence, the period of time that you spend there without leaving it is entirely irrelevant as to whether Council Tax becomes payable. It doesn't.

If you'd rather read my summary in a much longer form (but with the backing of the Valuation Office Agency behind it), see here:
http://www.voa.gov.uk/corporate/Publications/Manuals/CouncilTaxManual/council_tax_man_pn/p-ct-man-pn7.html

[Sparkles62]

We have a static caravan,
The site we are on is closed 1st Dec til 1st March,
For the rest of the year, we are there 3 days a week most weeks and we stay for all of August.
Becase we don't live there on a pemanent basis, we pay a rates to the local council at a vastly reduced rate ( Around £120 per year.)
As far as I know, all static vans on parks have to pay rates to the local council.

[blimeymate]

thanks buenchico, good informative link that. explains some of the reasoning behind the ct demand, seems to me that ct is nowadays very similar to a poll tax, guess I,ll have to pay the demand and will have to swallow that I,m still effectively homeless as the site owners restrict occupancy and impose restrictions on mail, visitors etc,to ensure no comeback on their own license. so on the one hand im told I cant live there by the council regulations on the site, and then am being billed by same council for living there,but not living there. complicated. thanks again for taking time to answer.