Land Valuation definitions

Annual Rental Value (ARV)

In relation to a valuation unit, means its annual rental value as assessed under this Act, based on the rent at which the valuation unit might, on or about the valuation date on the open market, reasonably be expected to let from year to year if the tenant undertook to bear the cost of internal repairs, and the landlord to bear all other reasonable expenses necessary to maintain the valuation unit in a state to command that rent, but excluding any element attributable to any tax payable under this Act.

Charitable organization

A charity within the meaning given in Section 2 of the Charities Act 2014, which relies wholly or mainly for its funds upon contributions from members of the public.

Charitable purposes

As defined in Section 2 of the Charities Act 2014.

Draft Valuation List

Means a draft valuation list prepared under section 3 as read with section 26(1).

Owner

Any person for the time being receiving or entitled to receive the rack-rent of any valuation unit in connection with which the word is used, whether on their own account or as trustee for another person:

Provided that, subject to the provisions of the Act:

a) in any case where a valuation unit is held under a lease for a term certain of not less than three   years by a lessee currently in or entitled to possession, that lessee shall be deemed to be the  owner of that valuation unit;

b) in any case where a valuation unit is owned by the Crown, the occupier shall be deemed to be  the owner of that valuation unit;

c) in any case where a valuation unit is mortgaged, the mortgagee shall be deemed not to be the  owner of that valuation unit unless he is in possession;

d) deleted

e) in the case of a valuation unit subject to a life tenancy, the life tenant shall be deemed to be the  owner of that valuation unit, and cognate expressions shall be construed accordingly.

Person aggrieved

In relation to an objection, or a proposal of the Land Valuation Officer to amend a draft valuation list or valuation list, does not include any person other than:

a) the owner of a valuation unit included in or which should be included in or which is proposed to be included in the draft valuation; or

b) a person who has a vested estate or interest (whether legal or equitable) in any such valuation unit; or

c) a person who has a contingent estate or interest (whether legal or equitable) which, on its vesting, would make him the owner of such valuation unit. 

Valuation date

The date by reference to which the annual rental value of a valuation unit shall be assessed, the date being:

a) a valuation list that is in effect at the time that that Land Valuation and Tax Amendment Act 2015 comes into operation, 31 December 2009 (the date of deposit under section 9 (as read with section 26) of the draft 2009 valuation list); and

b) relating to:

i) a draft valuation list that is deposited under section 9 (as read with section 26) at any time after  the coming into operation of the Land Valuation and Tax Amendment Act 2015;

ii) a valuation list, being a draft valuation list referred to in subparagraph (i) which is confirmed  under section 22 (as read with section 26(3)); and

iii) for the avoidance of doubt, objections to the draft valuation list, proposals of the Director for  the amendment of the draft valuation list or the valuation list, and objections to such proposals,

18 months before the effective date of the valuation list to which it relates.

Valuation list

A valuation list for Bermuda confirmed under Section 22 as read with section 26(3).

Valuation unit

Any land, building or part of a building occupied or capable of beneficial occupation as a separate unit.