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The Rating of Crown Property in the UK: the Issues Past and Present

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The Rating of Crown Property in the UK: the Issues Past and Present The Rating of Crown Property in the UK: The Issues Past and Present William J. McCluskey, David J. Tretton, and Caireen M. McCluskey © 2013 Lincoln Institute of Land Policy Lincoln Institute of Land Policy Working Paper The findings and conclusions of this Working Paper reflect the views of the author(s) and have not been subject to a detailed review by the staff of the Lincoln Institute of Land Policy. Contact the Lincoln Institute with questions or requests for permission to reprint this paper. [email protected] Lincoln Institute Product Code: WP14WM1 Abstract Crown owned and occupied property is currently valued in accordance with normal valuation methods and principles. Since 2000, in the UK the various valuation agencies have been placing annual values for rating purposes (property tax) on all Crown property in accordance with standard valuation principles and practices. The removal of Crown exemption has resulted in the “correct” valuation of unique and often iconic historic buildings. Whilst the buildings maybe old, historic and even iconic it is the use they are put to that is of importance from a valuation perspective. This paper has examined the historical setting of the Crown exemption and the rationale for its removal. The paper then outlines the main methods of rating valuation as used in the UK and includes a section on the valuation of some historic and iconic building in England and Northern Ireland. Key words: Rating, UK, Crown exemption, valuation methods, valuation examples About the Authors Dr William McCluskey is presently a reader in real estate and valuation at the University of Ulster. He has held various international positions including Visiting Professor of Real Estate at the University of Lodz, Poland and Professor of Property Studies at Lincoln University, Christchurch, New Zealand and is currently Visiting professor at the University of Technology Malaysia. His main professional and academic interests are in the fields of real estate valuation and more specifically ad valorem property tax systems, local government finance and computer assisted mass appraisal modelling. Within this context he has been involved in a number of international projects advising on ad valorem property tax issues including Jamaica, Northern Ireland, Bermuda, Greece, Poland, Kosovo, Republic of Ireland, Tanzania, Uganda, and South Africa. William J. McCluskey Built Environment Research Institute University of Ulster Jordanstown Co. Antrim N. Ireland, UK Ph. 0044 (0)2890366567 Fax: 0044 (0)2890366826 Email: [email protected] Professor David Tretton is a visiting professor in the School of the Built Environment, University of Ulster, Northern Ireland, UK. He was formerly Head of Profession, Director, Rating and Professional Services and Central Valuation Officer, England and Wales at the Valuation Office Agency, based in London, and is currently the technical editor of the RICS Valuation—Professional Standards (Red Book) and valuation standards consultant at the RICS. David J. Tretton School of the Built Environment University of Ulster Jordanstown Co. Antrim N. Ireland, UK Email: [email protected] [email protected] Caireen M. McCluskey is a doctoral affiliate in the School of Law, University of Ulster, Northern Ireland. She is a qualified attorney-at-law (New York) and currently works at Herbert Smith Freehills LLP, Belfast office. Her main academic and professional interests are in the field of real estate, property law, alternative dispute resolution and Q-methodology. Caireen M. McCluskey School of Law University of Ulster Jordanstown Co. Antrim N. Ireland, UK [email protected] Acknowledgements The authors would like to thank Patrick Bond BSc (Hons) FRICS Dip Rating IRRV Head of Commercial, Leisure and Civics, National Specialists Unit, Valuation Office Agency, London. Alan Bronte FRICS IRRV (Hons) Commissioner of Valuation for NI, Land & Property Services, Belfast, Northern Ireland. Stephen Fay BA (Hons) MSc MRICS District Valuer, Land & Property Services, Belfast, Northern Ireland. Table of Contents Introduction .............................................................................................................................. 1 Background on the Crown Exemption .................................................................................. 1 Rationale for Removal of the Crown Exemption ................................................................ 3 Valuing Commercial Property ................................................................................................ 4 Basis of Value ...................................................................................................................... 4 Rating Valuation Methods ...................................................................................................... 5 Introduction .......................................................................................................................... 5 Comparative Method of Rating Valuation ........................................................................... 7 The Contractor’s Basis of Valuation .................................................................................... 8 The Valuation Stages ................................................................................................. 9 Stage 1: Estimated Replacement Cost ..................................................................... 10 Stage 3: Value of Land ............................................................................................ 11 Stage 4: Decapitalisation ......................................................................................... 12 Stage 5: Consideration of results ............................................................................. 13 Stage 6: Negotiations ............................................................................................... 13 The Receipts and Expenditure Method .............................................................................. 13 Outline of Method ................................................................................................... 14 International Comparisons for Payments in Lieu of Property Tax .................................. 15 United States ...................................................................................................................... 15 Canada ................................................................................................................................ 16 Malaysia ............................................................................................................................. 18 The Valuation of Iconic Buildings ........................................................................................ 18 Example Valuations ........................................................................................................... 20 Parliament Buildings—Stormont, Belfast, Northern Ireland .................................. 20 Belfast City Hall ...................................................................................................... 21 Waterfront Hall, Belfast .......................................................................................... 22 Crumlin Road Gaol, Belfast .................................................................................... 23 RAF Brize Norton, England .................................................................................... 24 HM Prisons Parkhurst and Albany, Newport Isle of Wight, England .................... 24 Royal Courts of Justice, London ............................................................................. 25 Central Criminal Court—The Old Bailey, London ................................................. 26 MI5 Thames House, Millbank, London .................................................................. 27 Audley End House, England ................................................................................... 28 Tower of London ..................................................................................................... 29 Palace of Westminster ............................................................................................. 30 Buckingham Palace ................................................................................................. 31 Stonehenge .............................................................................................................. 32 Summary/Conclusions ........................................................................................................... 33 References ............................................................................................................................... 34 List of Cases ............................................................................................................................ 35 List of Tables Table 1: Nondomestic Rate Statistics, April 2012 ..................................................................... 5 Table 2: Total PILT payments 2008-12 ................................................................................... 17 Table 3: Level of PILT payments for selected cities, 2011 ..................................................... 18 The Rating of Crown Property in the UK: The Issues Past and Present Introduction In most countries government property is not liable for property taxes; indeed, the whole idea may be seen as a circular shifting of money (Bird and Slack 2004; Youngman and Malme 1994). The
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