The cost of business rates and their administration can be substantial. Ratepayers often need professional advice on establishing their liability and understanding how assessments may be challenged.
There are only three recognised bodies that hold their membership to account regarding the quality of their business rates advice and related ethics – RICS, IRRV and RSA. We urge ratepayers to only take business rates advice from a member of at least one of these bodies.
When issuing terms of engagement (a document that sets out the scope of a contract), members of RICS, IRRV and RSA must make reference to the joint RICS\IRRV\RSA Rating Consultancy Code of Practice, 5th edition,which requires:
Only members of these organisations are to use the code. Ratepayers should not accept a declaration claiming to be in accordance with the code from an agent or anyone else who is not a member of IRRV, RICS, RSA.
Ratepayers should be alert to ‘rogue agents’ misleadingly using amended or outdated versions of the code (only the 5th edition is valid after 1 June 2024, and only when used by professional body members).
Ratepayers are advised to be careful to understand the cost implications before signing any contracts as well as the scope of the contract contained in the terms of engagement (how long is it for, how can it be ended etc.).
Business-to-business contracts such as between a ratepayer and business rates service provider/agent (of any type) are generally not subject to the same statutory protections that apply to consumer contracts. In particular, cancellation or “cooling off” rights that often apply to consumers (if the necessary criteria is met) under legislation in England and Wales usually do not apply in business-to-business contracts. As a result, the contractual terms in a business-to-business context will normally be governed primarily by what the parties have expressly agreed, and therefore particular care should be taken before signing.
There are numerous business rates advice firms and individuals who are not members of a recognised body and may have no recognised standards, training or ethical requirements. RICS, IRRV and the RSA have no authority over these firms and individuals, and we would urge caution in this regard and would not recommend using their services.
A firm or individual claiming to be a “surveyor”, “rating advisor”, “rating consultant” or similar does not automatically mean they are a member of a professional body or in any way accountable or regulated. Always check a firm or individual’s background and professional status with the named body prior to signing a contract.
Some ratepayers prefer to undertake their own business rates administration. Applicable reliefs can be claimed directly and information regarding rating assessments can be obtained from the Valuation Office Agency (VOA).
The VOA also has its own Agent Standards system, with guidance linked here.