Non Rateable for place of worship

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  • #25383
    Rebecca Coppolino
    Participant

      Goulburn Mulwaree

      We have had another enquiry regarding ‘place of worship’ This particular property is in the name of a religious organisation and currently has a nunnery (used for the permanent accommodation of the nuns and novices) as well as being open for public worship (separate dwelling for worship to be confirmed).
      They advise that it is available to the public however the property is fully fenced and does not appear to be easily accessible. They are claiming that they meet all of the points below:-
      Land that belongs to a Religious body and is occupied and used in connection with –
      (i) a church or other building used or occupied for public worship, or
      (ii) a building used or occupied solely as the residence of a minister of religion in connection with any such church or building, or
      (iii) a building used or occupied for the purpose of religious teaching or training, or
      (iv) a building used or occupied solely as the residence of the official head or the assistant official head (or both) of any religious body in the State or in any diocese within the State,

      Any information on this would be appreciated. Thank you

      #25390
      Andrew Butcher
      Keymaster

        Hi Rebecca
        I dont think the property is available for public worship based on what you have described. If anything they may meet (i) but if its fenced I would seek some more information on services conducted or (iii), again better particulars would be needed.
        In these instances I would seek evidence to support the claim, a lot of religious institutions feel just being a religious institution is enough for an exemption and that is not what the legislation says.
        Hope you are well and keeping safe.
        Regards,
        Andrew

        #25391
        Trevor Holland
        Participant

          Lithgow

          Hi Rebecca

          These are not always easy.

          I think you need to determine that the premises are open for public worship. Are there signs outside the building indicating when members of the public can attend services?
          If there are no signs it may be difficult to establish that it is for public worship.
          You will need to ask for further information from this place of worship to establish that it meets the criteria for an exemption from rates.
          Perhaps suggest that they obtain their own independent legal opinion on whether they should be exempt from rates.
          Regards
          Trevor

          #25431
          Rebecca Coppolino
          Participant

            Goulburn Mulwaree

            Thank you Trevor and Andrew for your reply – my apologies for not responding to you sooner. You have both confirmed everything that we have discussed here. GMC have been reluctant to make them rateable based on advice received previously. As there are more and more properties being built for this purpose I wanted to review and check in again with the hope of changing them to a rateable property – Business.

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