Q.
The determination of rates payable by owner of particular holding depends on the value computed by a valuer. The valuer may take into account the expected income from the premises or the market value. Explain this statement in the context of Local Government Act 1976 (as amended).
(25 marks, 2013 Q1)
A.
Read subject related to Assessment Rates - "Proposed revision of assessment rates explained".
Local Government Act 1976 (Act 171) under its Basis of assessment of rate:-
Section 130. (1) Any rate or rates imposed under this Part may be assessed upon the annual value of holdings or upon the improved value of holdings as the State Authority may determine.
The Annual Value of holding or Improved Value of holding is the Annual Rentable Value of the holding which will be used as a base for calculating the assessment rate.
The Act also specifies its power to impose rates in S.127 and s.128.
Power to impose rates
127. The local authority may, with the approval of the State Authority, from time to time as is deemed necessary, impose either separately or as a consolidated rate, the annual rate or rates within a local authority area for the purposes of this Act or for other purposes which it is the duty of the local authority to perform under any other written law.
Further rates
128. In addition to the rates referred to in section 127, the local authority may in like manner impose a drainage rate in accordance with section 132.
All the basis of arriving at the rates is based on the Annual Value or Improved Value of the holding. This is largely the work of valuation, and the Act under its valuation sections, put specific requirements of a Valuation List as in Section 137 - Preparation of Valuation List.
(a) the name of the street or locality in which such holding is situated;
(b) the designation of the holding either by name or number sufficient to identify it;
(c) the names of the owner and occupier, if known;
(d) the annual value or improved value of the holding.
(3) A new Valuation List which shall contain the same particulars as in subsection (1) shall be prepared and completed once every five years or within such extended period as the State Authority may determine.
What are the elements for valuation? This is largely decided with the professional judgment of the Valuer. The Valuer, as qualified with JPPH would evaluate the holding(s) based on Valuation Standards practiced in Malaysia. Among others, the factors are:
See earlier posts Methods of Property Valuation and Methods of Property Appraisal.
- Market value of the similar property transacted in the surrounding area;
- Traffic flow of the area;
- Other amenities available in the area;
- Material and build of the property holding;
- Condition and needs of repairs
(1) Comparison Method;
(2) Income Approach:
- Investment method
- Residual method
- Discounted cash flow method
- Profit method
(3) Cost Method; and
Thereafter, the Local Authority has to publish the new Valuation List in accordance with the law.
Notice of new Valuation List to be published
141. (1) Where any Valuation List has been prepared or adopted under section 137 the local authority shall give notice of the same and of the place where the Valuation List or a copy thereof may be inspected in the Gazette and by way of advertisement in two local newspapers at least one of which is in the national language.
Ref:
Section 130 and 137 of Local Government Act, available at
http://www.agc.gov.my/Akta/Vol.%204/Act%20171.pdf