GovWire

Public conveniences are normally occupied for public benefit and which, rebus sic stantibus, normally attract only a local authority tenant, or a non-profit making organisation with social objectives. In some instances public conveniences are provided by commercially motivated organisations; where such conveniences fall to be assessed as separate hereditaments, the guidance provided in this section and practice notes should be applied.

The preferred basis of measurement to be adopted for hereditaments within this class is Gross Internal Area (see VO Code of Measuring Practice for Rating purposes). The nature of hereditaments, described as automatic public conveniences, is such that the units are to be valued by reference to overall cost, and measurements are therefore not required. Measurements are however required for semi-automatic types. For both conventional and semi-automatic types, areas of concealed plumbing may make it difficult to take measurements for GIA, if scale plans are not available. In such cases a more reliable GIA will be obtained by measuring the external area and deducting the thickness of external walls.

A scheme of valuation is provided in the relevant practice note. This also covers the approach to be adopted in cases where it may be appropriate to adopt a substitute building.

5.1 Public conveniences provided for the disabled

At present, there is some uncertainty regarding the issue of exemption for disabled persons public conveniences. The matter is currently under consideration. However, until those considerations have been completed, conveniences which are provided for disabled persons should be regarded as exempt under para 16(1)(b) Sch 5 LGFA 1988, on the basis that their provision may be regarded as a welfare service. Occasional use by non-disabled persons should not be regarded as preventing exemption. But exemption should not be allowed for Conveniences which have been provided for undifferentiated use by both the disabled and the non-disabled, eg. a room which doubles as a disabled convenience and a mother and baby room will not be exempt. In practice VOs should exempt any conveniences (or part thereof) which appears to be dedicated to use by the disabled whether by means of the wheelchair symbol or any other sign, provided that there is no indication that it is also intended for use by non-disabled persons.

5.2 Partial Exemption

Where part only of the whole hereditament qualifies for exemption, VOs should arrive at the value attributable to the non-exempt part as follows:

• value the whole hereditament in accordance with the practice note, and
• apportion that value by applying the following fraction:

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For the purpose of the calculation of the appropriate fraction in 4.1(ii), the area of the disabled part should be taken to be:

a. in the case of a self-contained disabled section, the GIA of that section, including the thickness of internal wallsb. in the case of cubicle(s) accessed through non-exempt parts, the area of such cubicle(s) only

The closure of a public convenience post AVD is not itself a material change of circumstances when considering the assessment of that convenience, and is not therefore a factor to be taken into account within para 2(7) of Sch 6 LGFA 1988. Where public convenience was permanently closed on or before the AVD it may be concluded that there was no demand to sustain a rent. While subsequent closure must be disregarded, the circumstances responsible for closure may be taken into account if they fall within para 2(7), eg. the opening of new alternative facilities in the locality. A post AVD policy change by the local authority in respect of provision of Conveniences must in itself be ignored.

Small out-of-date urinals lacking in facilities, and of a low value, may be ignored.

The ERC of Underground public conveniences should be found in accordance with the Practice Note on the basis of a replacement surface structure to a specification compatible with the internal features of the actual hereditament.

Automatic public conveniences are increasingly being introduced.

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