Tax-Property Article §8-104(c) enumerates six (6) instances when
reassessment occurs "out-of-cycle".
- Zoning reclassification at the initiation of the owner, or anyone
having an interest in the property;
- Change in use or character;
- New construction valued over $100,000;
- An error in calculation or measurement;
- Termination of residentially used rezoned real property; or
- 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.