Derelict Sites Act 1990

Market value of urban land.

22

22. (1) A local authority shall determine, as soon as may be after it is entered on the register, and at least once every five years thereafter, the market value of urban land by estimating or causing to be estimated the price which the unencumbered fee simple of such land would fetch if it was sold on the open market on the valuation date in such manner and in such conditions as might reasonably be calculated to obtain for the vendor the best market price for the land.

(2) The market value of the urban land shall be estimated by the local authority in such manner and by such means as they think fit and they may authorise a person suitably qualified for that purpose to inspect the urban land and report to them the value thereof and the person having possession or custody of that property shall permit the person so authorised to inspect at such reasonable times as the local authority consider necessary.

(3) Where a local authority have determined the market value of urban land, they shall enter particulars of the determination in the register (together with the date of entry in the register), and serve a notice on the owner of the said land of the valuation or the revised valuation, as the case may be, which they have placed on the said land which said notice shall inform the owner that he may appeal to the Tribunal against the determination made by the local authority within twenty-eight days from the day on which the notice is received by him.

(4) An owner of urban land may appeal to the Tribunal against a determination made by a local authority under subsection (1).

(5) The Tribunal shall hear and determine appeals under subsection (4).

(6) Subject to a right of appeal to the High Court on a question of law, the determination of the Tribunal shall be final.

(7) An appeal to the Tribunal shall contain a statement of the specific grounds for the appeal.

(8) The Tribunal shall transmit a copy of every appeal received by it to the local authority by whom the market value of urban land was determined (who shall be the respondent in, and be entitled to be heard and adduce evidence at the hearing of, the appeal concerned) and to any other person appearing to the Tribunal to be affected directly by the determination and any such person shall be entitled to be heard and to adduce evidence at the hearing of the appeal.

(9) The Tribunal shall, where any amendment falls to be made to the market value of relevant urban land pursuant to a determination of the Tribunal or a decision of the High Court in relation to an appeal under this section, give notification of the amendment in writing to the local authority concerned, who shall inform the owner of the land of the said amendment and shall cause the appropriate entry in the register to be amended with effect from the date of entry referred to in subsection (3).

(10) Sections 5 and 7 of the Valuation Act, 1988, shall apply to the determination of an appeal under this section as they apply to appeals under that Act.

Annotations:

Editorial Notes:

E55

Fee payable in respect of appeal to the Valuation Tribunal under subs. (4) specified (7.06.1991) by Derelict Sites (Appeal Fees) Regulations 1991 (S.I. No. 149 of 1991), reg. 2 as adapted (1.01.2002) by Euro Changeover (Amounts) Act 2001 (16/2001), s. 1, commenced as per s. 1.

E56

Fee payable by party requiring Valuation Tribunal to state and sign a case for the opinion of the High Court under subs. (5) specified (7.06.1991) by Derelict Sites (Case Stated for High Court) (Fee) Regulations 1991 (S.I. No. 148 of 1991), reg. 2 as adapted (1.01.2002) by Euro Changeover (Amounts) Act 2001 (16/2001), s. 1, commenced as per s. 1.