How to object against the Property Valuation Roll
The General Valuation Roll (2012) is currently available for inspection by visiting the City of Cape Town’s website and already numerous complaints and objections are streaming in to our office from all over the Cape Peninsula.
Legislation allows any person to lodge an objection against the valuation of any property on the valuation roll if they believe that the valuation is incorrect. The Municipal Property Rates Act states that properties must be valued at market value – which it defines as “the amount the property would have realised if sold on the date of valuation in the open market by a willing seller to a willing buyer”.
FREQUENTLY ASKED QUESTIONS
How was my property valued?
The City of Cape Town’s municipal valuers use a programme called CAMA – a computer aided analytical procedure – which estimates the general market value of properties within Cape Town. This system does not into account the different circumstances in the various properties in a given area and may result in some home owners ending up with a higher valuation than deserved.
Why was my property not individually inspected?
There is no duty on the municipality to conduct individual site inspections in terms of the legislation. Only when the information available on the valuations database is unreliable or changes have been made to certain properties, will your property be physically inspected.
How do I object to the valuation of my property?
Should you disagree with the municipal valuation of your property, you must submit the requisite objection form before the end of the official objection period. The objection period is now open and ends on 30 April 2013.
What constitutes an objection?
You may object to any information displayed on the valuation roll, however, you must be able to support your objection with the necessary documentation. The onus is on you to prove that the market value assessment is wrong. If your objection is based on an incorrect valuation, your objection will have to be supported by a sworn appraisal.
Comparing the valuation to those received by your neighbours does not automatically imply that your valuation is incorrect.
Should the address on your valuation notice/roll be missing or incorrect, this does not mean that the incorrect property was valued. The address of the property is not used to identify the property for valuation, its legal description is used to determine its location.
The mere fact that there has been a substantial increase in the value of the property compared to the last valuation in itself does not constitute a valid ground of objection.
What happens after Abrahams & Gross has lodged my objection?
The objection will be submitted to the municipal valuer who assesses the objection and makes a decision . You will be notified in writing of the decision, whether any adjustment has been made to the roll. You may request written reasons from the municipal manager for the decision, within 30 days of being notified of same.
Can I appeal the decision?
You are entitled to appeal against the decision of the municipal valuer should you be able to prove valid grounds on which to base the appeal. You shall need to adhere to the time frames in this regard.
What about rebates?
There are certain instances where rebates may be claimed.
Do I still need to continue paying my current rates account if I do not agree with the value and I have submitted my objection?
You need to pay the rates on your previous valuation until the objection is finalised.
From when will the new rates take effect?
1 July 2013
Should you wish to find out more about how to object to your valuation, please contact Basil da Sousa at Abrahams & Gross Attorneys on 021 422 1323 immediately as the time period in which to lodge your objection expires on 30 April 2013. No late objections will be considered.
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