The Standard Community Charge and Non-Domestic Rating (Definition of Domestic Property) Order 1990

Explanatory Note

(This note is not part of the Order)

This Order amends the definition of domestic property applicable for the purposes of section 3 (standard community charge) and Part III (non-domestic rating) of the Local Government Finance Act 1988.

Article 2 amends section 4 (interpretation) of the Act, so that for the purposes of the standard community charge, short-stay accommodation (other than self-catering accommodation) intended to be made available for less than 100 days in a year by a person resident on the premises is to be treated as domestic, and self-catering accommodation intended to be made available for letting commercially for 140 or more days in a year is not to be so treated.

Article 3 makes equivalent provision in relation to the definition of domestic property in section 66 of the Act, which has effect for the purposes of non-domestic rating. However, it also–

(a) provides that commercial self-catering accommodation to be made available for 140 or more days in a year is to be treated as domestic on any day on which it is any person’s sole or main residence, unless that person is treated as having such a residence there only by virtue of section 2(5A) (students), and

(b) extends the category of private garages which are to be treated as domestic, to include all garages having a floor area of 25 square metres or less.