# The Non-Domestic Rating (Unoccupied Property) (Wales) Regulations 2008, Regulation 4: Hereditaments not prescribed for the purposes of section 45(1)(d) of the Act

Extent: E+W

The relevant non-domestic hereditaments described in this regulation are any hereditament—
(a) the whole of which, subject to regulation 5, has been unoccupied for a continuous period not exceeding three months;
(b) which is a qualifying industrial hereditament and the whole of which, subject to regulation 5, has been unoccupied for a continuous period not exceeding six months;
(c) whose owner is prohibited by law from occupying it or allowing it to be occupied;
(d) which is kept vacant by reason of action taken by or on behalf of the Crown or any local or public authority with a view to prohibiting the occupation of the hereditament or to acquiring it;
(e) which is the subject of a temporary listing notice under section 83 or 84 of the Historic Environment (Wales) Act 2023 or is included in the list maintained under section 76(1) of that Act;
(f) which is included in the Schedule of monuments compiled under section 3 of the Historic Environment (Wales) Act 2023;
(g) whose rateable value is less than £2,600;
(h) whose owner is entitled to possession only in his or her capacity as the personal representative of a deceased person;
(i) where, in respect of the owner’s estate, there subsists a bankruptcy order within the meaning of section 381(2) of the Insolvency Act 1986;
(j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(k) whose owner is a company which is subject to a winding-up order made under the Insolvency Act 1986 or which is being wound up voluntarily under that Act;
(l) whose owner is a company in administration within the meaning of paragraph 1 of Schedule B1 to the Insolvency Act 1986 or is subject to an administration order made under the former administration provisions within the meaning of article 3 of the Enterprise Act 2002 (Commencement No. 4 and Transitional Provisions and Savings) Order 2003;
(m) whose owner is entitled to possession in his or her capacity as liquidator by virtue of an order made under section 112 or section 145 of the Insolvency Act 1986.

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Source: https://www.legislation.gov.uk/wsi/2008/2499/regulation/4 (the official version)
Page: https://openlegislation.uk/non-domestic-rating-unoccupied-property-wales-regulations-2008/regulation-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

