The Garden Shed Tax: asessing cases and ensuring compliance
The garden shed tax is something of a misnomer, as the tax in question doesn’t affect most standard garden sheds used for domestic, storage or leisure purposes. Instead, the tax refers only to a type of garden outbuilding that may be subject to additional council tax or business rates under certain conditions – namely if they are used as permanent dwellings or places of business.
Each case is evaluated by a local VOA (Valuation Office Agency) in order to determine whether a property requires the application of a council tax band or it qualifies for business rates. However, unless a shed is being used as a full living space separate to the main domestic property, it’s unlikely that additional tax will be applied.
What makes a garden shed liable for tax?
If your shed is used for ordinary storage, DIY, or for casual home use (as a work from home office, games room, summer house, etc.), it almost certainly will not be eligible for the tax.
The regulations target only outbuildings that have been converted into independent dwellings. This means a building with:
- Kitchen or cooking facilities
- Bathroom facilities
- Its own entrance separate from the main house
It may also apply to any buildings that are being used as permanent rented accommodation (which can also entail additional legal risks if the room does not meet minimum safety and living standards).
Using a shed for business
In some cases, a garden shed may be liable for business rates if the building is used for dedicated work purposes (e.g. a permanent office in which business meetings are conducted, a salon that receives clients, a place of trade where goods are sold, etc.)
An occasional work-from-home office space that remains mainly domestic is less likely to fulfil the requirements for business rates, but all cases are individually assessed by the VOA, so it’s important to check before starting a conversion.
How are cases assessed?
The VOA will rely on paperwork supplied rather than simply what the shed looks like, or what it contains. Signs that suggest an outbuilding is being used as a separate place of residence could include planning permission applications, certificates of electrical work, plumbing, or insulation.
Ensuring compliance
Planning to convert or have recently converted a garden shed into an extra room?
- Always seek professional advice on the potential tax implications of converting or extending buildings on your property.
- Check with your local planning authority or the VOA before making any changes.
- Retain documentation, certificates, receipts, completion reports for any electrical, plumbing or building work you do. If the VOA does contact you, you will need these as evidence of the uses of your building.
To avoid your shed being reclassified by the VOA:
- Do not add fitted kitchen facilities, or permanent plumbing solutions.
- Avoid separating the outbuilding’s utilities (supply, meters) or postal address from your main domestic property.
- Do not rent out the property as permanent accommodation.
If you are looking to add an extra room to your garden, whether it's a music room, home office, gym or summer house, why not get inspired by some of our recent garden room case studies?
Author: EB