Maryland Assessment Procedure Manual

Category:Real Property
Category No.:019
Subject:Property Valuation
Subject No.:110
Topic:Reassessment Out-of-Cycle
Topic No.:11
Date Issued:9/3/1996
Revision Date:7/1/2009

Tax-Property Article §8-104(c) enumerates six (6) instances when reassessment occurs "out-of-cycle".

  1. Zoning reclassification at the initiation of the owner, or anyone having an interest in the property;
  2. Change in use or character;
  3. New construction valued over $100,000;
  4. An error in calculation or measurement;
  5. Termination of residentially used rezoned real property; or
  6. Subdivision.

Each of these instances triggers a revaluation of the real property (both land and improvements) on its own merit. Revaluation is effective for the upcoming full tax year beginning July 1st for all instances except number 3, which is effective annually, semiannually or quarterly depending on the jurisdiction.

Refer to Tax-Property Article §8-104(c)(2) for the methodology in arriving at current, base, and phase-in values.

Clarifications

Zoning reclassification includes density changes such as one dwelling per five acres to one dwelling per acre. It is not limited to category changes such as residential to commercial.

The construction of streets, gutters, storm drains, etc., increases the value of land. This additional value should be estimated and assessed for the next triennial revaluation.

With regard to new construction, substantially completed means "something other than final completion of the building..." (Refer to Radian, et al v. Supervisor of Assessments of Montgomery County, 254 MD. 294 (1968) and (Thames Point Assoc. v. Supervisor of Assessments of Baltimore City, 68 MD. App. 1,509 A. 2D 894 (1992). As a general rule, buildings under roof with completed walls should be considered substantially complete.

Errors in calculation or measurement refer to mathematical errors or incorrect measurements only, not missed items such as air conditioners, basement rooms, etc. No increase will be made because of an action by the owner, unless specifically approved by the central office. Corrections should be noted with the property record and incorporated at the next reassessment.

Subdivision means the division of real property into two or more parcels by subdivision plat, condominium plat, time share metes and bounds or other means. When revaluing due to subdivision, new accounts should be created, valued, and notices sent as soon as possible for the upcoming July 1. It is improper to delay notification. If new improvements are constructed prior to July 1, the owner will be notified again of the new improvement value and any land change for the current year.

A change in character is different than a change in use as was held by Maryland Tax Court in Judith Price, et al. vs. Supervisor of Assessments of Montgomery County; MTC Case No. 04-RP-MO-0259, et al. 2006. A change in character occurred on moderately priced dwelling units (MPDUs) when the MPDU restrictions expire even though the residential use continued.