Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-4-5 - AD VALOREM ASSESSMENT PROCEDURES › Section 810-4-5-.02 - Implementation Of The Homeowners And Storm Victims Protection Act Of 2011 - Fully-Developed Lots

Current through Register Vol. 42, No. 9, June 28, 2024
(1) PURPOSE -
			 This rule is issued pursuant to authority contained in Alabama Act 2011-544 for
			 the purpose of establishing guidelines and procedures for the uniform
			 implementation of paragraph (e) of the Homeowners and Storm Victims Protection
			 Act of 2011.
(2) DEFINITIONS - For
			 the purpose of this rule, the following terms shall have the following meaning:
(a) Fully-Developed Lot - A lot or parcel of
			 land, located within a platted and recorded subdivision as of the effective
			 date of Act 2011-544, September 1, 2011 and having all available utilities in
			 place, fully complying with the subdivision regulations applying to the
			 subdivision (if applicable), owned by the person or firm originally platting
			 the subdivision or a person or firm authorized by the Alabama Homebuilders
			 Licensure Board to construct single-family homes, and ready for construction of
			 a single-family dwelling.
(b)
			 Documentary Evidence - Shall include:
1. A
			 current and valid license issued by the Alabama Homebuilders Licensure Board or
			 proof of ownership by the person or firm originally platting the subdivision.
			 License must be current, valid and active as of October 1 of each year for
			 which application for reclassification is applied.
2. Documentary evidence that the subdivision
			 meets all subdivision regulations and has been approved by the appropriate
			 governmental agency(s).
3.
			 Documentary evidence of the date the subdivision was platted and recorded and
			 the lots were fully-developed.
(c) Effective Date - This rule shall be
			 applied to qualifying properties beginning with the ad valorem tax lien date
			 October 1, 2011.
(d) Home Builder -
			 A person or firm holding a valid and current license issued by the Alabama
			 Homebuilders Licensure Board or who is otherwise authorized by the Board to
			 construct single-family homes under the provisions of Sections
			 34-14A-5 and
			 34-14A-6,
Code of Ala. 1975
. License must be current, valid and
			 active as of October 1 of each year for which application for reclassification
			 is applied. Exemptions from the licensing provisions include:
1. General contractors holding a current and
			 valid license, issued prior to January 1, 1992, under the provisions of
			 Sections
			 34-8-1 through
			 34-8-27,
Code of Ala.
1975 and
2. Owners of property, when authorized by the
			 Alabama Homebuilders Licensure Board, to act as their own contractor, providing
			 all material supervision themselves, when constructing single-family residences
			 on such property for the occupancy or use of such owners and not offered for
			 sale.
(e) Maximum
			 Reclassification Period - For fully-developed lots the maximum reclassification
			 period shall be limited to the Tax Years 2012 (lien date October 1, 2011) and
			 2013 (lien date October 1, 2012). In order for the reclassification to apply to
			 Tax Year 2012 the application and required documentary evidence must be made on
			 or before December 31, 2011. In order for the reclassification to apply to Tax
			 Year 2013 the application and required documentary evidence must be made on or
			 before December 31, 2012. Lots that are fully-developed after the effective
			 date of this Act, September 1, 2011, do not qualify for
			 reclassification.