Drainage rates are levied as a charge (at a rate of Xp in the £1) on agricultural properties in an internal drainage district. The rates are levied to pay for the special local drainage or flood protection works which are carried out by the internal drainage board of that district. The value on which rates are set basically represents 1991 land rental levels.
These rates are payable because you occupy agricultural property within an internal drainage district. These districts are areas where special local measures are needed to properly manage flood risk. These measures, involving maintenance, improvement or new works to watercourses or structures are managed by an internal drainage board and these boards levy rates on occupiers of property to meet their expenses.
Properties which are not used for agricultural purposes (as defined in the Local Government Finance Act 1988) do not receive a direct drainage rate demand. Rates are however, effectively charged on these properties through the Special Levy issued to the local authority.
Agricultural use includes uses such as for paddocks and, to be rated, the land does not need to be used as part of an agricultural business. If however, you still feel that your land is not used for agriculture please contact the Rates Office, who will arrange an inspection.
Rates are payable because your property is in an internal drainage district and they meet the costs of the arterial protection provided by the Board of that district. They are not charged because you do, or do not, have watercourses on your land.
The primary responsibility for the maintenance of any watercourse rests with the owner of that watercourse. This will USUALLY be the owner of the land adjoining that watercourse. Where a channel is marked as an IDB drain, that Board’s byelaws apply to it and the Board will often undertake required drainage works. The Land Drainage Act 1991, under which the Boards operate, however, enables them BUT DOES NOT REQUIRE THEM to carry out drainage works.
At present, we accept payment by cash, cheque, bank transfer and debit card only (no credit cards).
If this is the case please inform the Board immediately to discuss alternatives.
If the Board sends you a reminder and there is still no payment received it might take you to court. If this happens Court fees will be added to your bill
Any queries to the land you have been charged for need to be made as soon as possible once you receive the rate demand. Changes can then be made and a revised bill sent out to you. In most cases proof of the purchasing or selling of land will need to be provided to ensure the right person is invoiced correctly. This might be in the form of land registry details or planning application references etc.
Section 49 of the Land Drainage Act 1991 provides that anyone in occupation of land for any part of a year can be required to pay rates for the whole of that year. However, they then have the right to recover a proportionate part of the rates paid from anyone else who has occupied the land during that year. By ‘year’ we mean the financial year, running from 1st April to 31st March. Your solicitor should have attended to this as part of the sale transaction.
See question 11 above.
We will need either a formal letter from a suitably qualified professional eg solicitor or surveyor or evidence of the transaction itself eg sight of Land Certificate or Lease.
