The South African Institute of Valuers

 

SUBMISSION TO THE PARLIAMENTARY COMMITTEE

NATIONAL RATING BILL - AGRICULTURAL PROPERTY

1. FUNDAMENTAL PROBLEM

Forestry, sugar cane fields, vineyards, orchards and other similar growth crops, rooted to the ground, are in effect trading rather than fixed assets, since they produce trading products for sale and/or processing.

The owners of such properties would therefore be adversely treated from a market value assessment viewpoint for rating purposes as compared with cash crops farms such as wheat or maize, or stock farms, where the trading product is grown or reared on the land without adding to the underlying value of such land.

In the same way, the market value of factories relating to the bricks and mortar value of the property and not to the machinery within that produces the trading product.

2. FORESTRY / ORGAINISED AGRICULTURE APPROACH

At the previous Parliamentary Hearings, Forestry and Organised Agriculture sought to have the value of such growth crops excluded from the market value assessment in terms of the Bill.

3. 1944 CAPE VALUATION ORDINANCE No.26 of 1944

In the Cape, where vineyards and orchards are widely spread, the 1944 Valuation Ordinance effected the rectification of this problem by referring to "beneficial improvements", which were defined as follows :-

 

"beneficial improvements" means improvements which increase the value of the land for bona fide agricultural purposes, irrespective of where such improvements are situated, and includes-

(a) structural works, dipping tanks, storage tanks, wall, silos and kraals, if permanently constructed of stone, brick or concrete;

(b) irrigation works, dams, boreholes, wells, permanent fences, reclamation works, subsoil drainage, plantations, vineyards and orchards, and

(c) any residential building erected for occupation by employees bona fide farming operations; provided that where the valuation of any such building exceeds six thousand rands or such greater amount as may be determined by the Administrator by proclamation in the Provincial Gazette such building shall be deemed not to be a beneficial improvement to the extent by which such valuation exceeds six thousand rand or such greater amount as may be determined by the Administrator by proclamation in the Provincial Gazette and, for the purposes of this paragraph, any portion of a building as aforesaid which is designed or adapted for separate occupation for residential purposes shall be deemed to be a separate residential building;

but does not include residential buildings other than residential buildings referred to in paragraph (c)."

4. DIVISIONAL COUNCIL RATING PRACTICE

Until the Cape Divisional Councils were replaced by Regional Services Councils, such Divisional Councils levied rates on the overall value of the Farm excluding the value of the beneficial improvements.

The agricultural property owner was then rated only upon the farm buildings and the raw land value for the uses to which it was being put in terms of the definition.

5. DE-RATING OF CAPE DIVISIONAL COUNCIL AREAS

Following the setting up of the Regional Services Councils, the Divisional Rates were replaced by Regional Services Levies, effectively de-rating such Divisional Council Areas.

 

6. CAPE PROPERTY VALUATION ORDINANCE 1993

The current Cape Property Valuation Ordinance, based broadly on the Transvaal Local Authorities Rating Ordinance, 1977, where site value rating was the norm, did not initially cover the approach to agricultural property.

The situation was partially rectified in 1997, when the Property Valuation Amendment Act 8 of 1997 extended the Section 14.(2)(c) exclusions from the assessment of "improved value" to include -

"(c)(iv) any other agricultural machinery or improvement, including any residential building erected for occupation by bona fide farm workers, as may be prescribed;"

An Additional Regulation 24 was thereafter promulgated in Provincial Notice 443/1998, as follows :-

"Items not to be taken into account

24. In terms of section 14.2(c)(iv) of the Ordinance, the items not to be taken into account shall be as follows:

(a) structural works, dipping tanks, storage tanks, walls, silos and kraals, if permanently constructed;

(b) irrigation works, dams, boreholes, wells, permanent fences, reclamation works, subsoil drainage, plantations, vineyards and orchards, and

(c) any residential building erected for occupation by bona fide farm workers; provided that, if the valuation of any such building exceeds forty thousand rands, such building shall be deemed be included to the extent to which such valuation exceeds forty thousand rands, and for the purposes of the aforegoing provisions of this paragraph, any portion of a building as aforesaid which is designed or adapted for separate occupation for residential purposes shall be deemed to be a separate residential building; provided further that residential buildings referred to in this paragraph shall be excluded from the provisions of this regulation."

In essence therefore, the provisions of the long operational 1944 Cape Valuation Ordinance were reintroduced into the 1993 Property Valuation Ordinance, so as to preserve the exclusion of agricultural improvements from the assessment of "improved value".

7. SA INSTIUTE OF VALUERS RECOMMENDATIONS

7.1 EXCLUSION RECOMMENDATION

In order to address the rating inequities faced by owners of agricultural properties with non-annual growing crops such as forestry, plantations, sugar cane, orchards, and vineyards, if the value of such rooted crops producing trading output is included in the definition of market value, exclusions of such agricultural and ancillary farm improvements from such assessment of market value in the National Rating Bill should be drafted on the lines of the Cape Ordinance provisions.

Such provisions have effectively excluded the additional value of such growing crops and ancillary farm improvements from the assessment of value for rating purposes for decades in the Cape.

7.2 SIMPLIFICATION OF RURAL VALUATIONS

Providing that the Act is drafted so as to exclude the assessment of value of such excluded growing crops and ancillary farm improvements, the effect of such exclusions would simplify the cost of conducting valuations in rural areas of the country to a major degree, broadly limiting the assessment of improved value in the case of agricultural property to the farmhouse and the land components, in terms of their component utilisation potential, omitting the growing crops and the farm improvements from such assessment.

7.3 RURAL VALUER SCARCITY FACTOR

With far fewer South African valuers practicing in the rural sector, the countrywide assessment of improved value is likely to create Valuation Roll production problems in such rural areas, and the simplification of valuation assessment in such areas is likely to alleviate this situation to a major degree.

7.4 MERITS OF PUBLIC SECTOR RURAL VALUATION OFFICES

The State should also consider the merits of setting up public sector Valuation Departments to cover the District Council Areas in each Province, providing the opportunity of ongoing National Rating Bill improved value assessment for a central point.

 

Such a Department would have the advantage of being able to tap into GIS information, aerial photography etc, which information may not be readily available on a cost effective basis to individual valuers operating in the rural sector competing for such work.

As an example, in Queensland, Australia, the State Valuation Department performs rural valuation assessment across the State, and the Cape Provincial Administration Valuation Department performed the same function within the old Cape Divisional Council Areas.

7.5 COMPLEXITIES OF FARM IMPROVED VALUE ASSESSMENTS

Without such exclusions, the assessment of value could well involve valuers on each side, and the Valuation Boards, in extensive and time consuming disputes over the profit and loss accounts of farming operations, instead of restricting the assessment to the capital value of the asset, after taking into account the proposed exclusions.

7.6 FARM IMPROVED VALUE / REBATE INTERRELATIONSHIP

In very many cases, Municipalities can be expected to grant major rebates to agricultural properties, in view of the lack of service provision in the rural areas as compared with the urban cores of such areas.

In Cape Town for example bona fide agricultural properties have been granted an 80% rebate for 2002 / 3002.

The justification for the increased Municipal costs of establishing agricultural improved value assessment without exclusion is therefore questioned, the basis of such improved value and the quantum of the agricultural rebate to be granted being interrelated.

7.7 The Institute would be happy to provide further input to the detailed drafting of the recommended exclusions, should this be required.

For the South African Institute of Valuers

R.S. Marten B.Sc.(Est. Man.) FRICS FIVSA Professional Valuer

J.F. Du Toit NDPV NDPDM MIVSA Professional Valuer