ForeView Secures Landmark Valuation Tribunal Win on Industrial Properties Undergoing Works
ForeView Ltd has successfully secured a significant ruling at the Valuation Tribunal for England, reinforcing established case law that properties must be 100% complete before being re‑entered into the rating list. Acting for GMC Capital Limited, ForeView represented the appellant in relation to Unit 6, Mitcham Industrial Estate, South London, which was undergoing a substantial programme of refurbishment works. The Tribunal allowed the appeal and ordered the deletion of the property from the 2023 Rating List with effect from 5 August 2024, rejecting the Valuation Officer’s attempt to impose a temporary deletion tied to the asserted end of the construction phase.
Crucially, the Tribunal confirmed that although the works were largely complete, the absence of essential occupational elements — including small power, welfare facilities and other key fit‑out items — meant the property was not ready for occupation, even if it was “98–99% complete”. In line with established Higher Court authority, the Tribunal reaffirmed that near completion is insufficient for rating purposes. The decision also clarifies the limits of the Tribunal’s discretion under Regulation 38(7), confirming that a temporary deletion should not be imposed where the circumstances justifying deletion have not fully ceased.
Commenting on the decision, Sam Walters, Co-Founder of ForeView, said:
“This is a hugely important decision for developers and investors dealing with refurbishment and redevelopment projects. The tribunal has been clear that properties cannot be brought back into rating on the basis of ‘almost complete’. The law requires full completion and readiness for occupation – anything less is simply not rateable. This result reflects ForeView’s deep specialism in properties undergoing works and our ability to successfully challenge increasingly aggressive attempts to reinstate assessments prematurely.”
Gerry Connolly of Cogent Real Estate acting on behalf of GMC Capital, said: “We engaged ForeView to advise us in respect of our rates strategy due to their stand out expertise in the world of business rates. With no shortage of skill, persistence and experience, ForeView have successfully executed on that strategy, which has produced substantial savings for GMC. Those savings have been reinvested into the property via the significant capex project we have undertaken to modernise the unit and we are hopeful of securing a new tenant for the premises shortly”.
This ruling represents a significant win for ratepayers nationwide and further cements ForeView’s market‑leading expertise in ‘property undergoing works’ appeals, an area of increasing scrutiny by the Valuation Office Agency. ForeView continues to act nationally for developers, investors and asset managers on complex non‑domestic rating matters, securing substantial savings through specialist tribunal advocacy.
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