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- Is 12 months a legal limit on spreading council tax arrears?
- What does a 12-month arrears plan actually cost each month?
- How do you ask the council for an instalment plan on arrears?
- What should you check before you agree a figure?
- What if 12 months is still more than you can pay?
- Does an instalment plan stop a wage arrestment that has already started?
- What makes an arrears plan fall apart?
- Related guides
- Frequently asked questions
Yes, you can ask. There is no statutory maximum period for spreading council tax arrears, and councils commonly work to the current financial year while considering longer where affordability is evidenced, so a longer arrangement is a competent thing to request.
A 12-month arrears plan runs alongside the current year’s own instalments. So the household is paying two bills at once, and the combined figure is the one that has to be affordable.
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Here is what that actually costs a month, how to ask, and what to do if the number will not stretch. How do you set up a council tax payment arrangement covers the mechanics of the agreement itself.
Is 12 months a legal limit on spreading council tax arrears?
No. There is no statutory maximum period for spreading council tax arrears, so twelve months is not a ceiling written into any statute.
What the position actually is
Councils commonly work to the current financial year while considering longer where affordability is evidenced. Council tax is billed year by year, so a closed year’s arrears and the current year’s bill are two separate balances.
The instalments on your current year are a separate thing again, set out on your own demand notice. General guidance on council tax sits on mygov.scot.
The number of instalments differs by council
Councils publish their own instalment options on the current year’s bill, and the two largest set theirs out on their own websites. How Glasgow City Council recovers council tax arrears and how the City of Edinburgh Council deals with council tax debt carry the detail for each.
The council’s own pages are the authority for its own practice, at glasgow.gov.uk and edinburgh.gov.uk. Read your own bill for the count and the dates that apply to you.
What does a 12-month arrears plan actually cost each month?
The arrears divided over the plan, plus the current year’s own instalment on top. That combined figure is the one to test against your budget, not the arrears payment on its own.
Both bills, side by side
The table below runs a current-year bill of £1,500.00 paid over 10 instalments of £150.00, against four arrears balances spread over 12 months.
| Arrears balance | Over 12 months | This year's instalment | Combined monthly cost |
|---|---|---|---|
| £600.00 | £50.00 | £150.00 | £200.00 |
| £1,200.00 | £100.00 | £150.00 | £250.00 |
| £1,800.00 | £150.00 | £150.00 | £300.00 |
| £2,400.00 | £200.00 | £150.00 | £350.00 |
Those figures are arithmetic on one worked example rather than anything from your own account. Your bill, your instalment count and your arrears will all differ.
The two schedules are different lengths
An arrears plan over 12 months and a current-year bill over fewer instalments do not finish together. For the months at the end of the year when no current-year instalment is due, the combined figure drops back to the arrears payment alone.
That is worth working out before you commit. The peak months are the ones the plan has to survive.
Why the current year has to keep running
Clearing last year while this year slips puts you back into the recovery sequence with a fresh balance. Our page on council tax billing and collection sets out how the current year’s bill is put together.
How do you ask the council for an instalment plan on arrears?
Contact the council through its council tax channels, and put a specific monthly figure and payment date in writing. Ask for the agreement to be confirmed in writing before the first payment leaves your account.
The part that is specific to a longer period
Name the period you are asking for, and ask for the duration to be confirmed alongside the amount and the dates. That is the one detail a plan running beyond a single year turns on.
Ask for a full statement of the arrears broken down by financial year before you name a figure. Say in writing which year you want each payment allocated to, since payments are normally applied to the oldest year of arrears first.
If the account is already with sheriff officers
Ask the council whether the account can be recalled or whether you now deal with the firm, and get the answer in writing. Our guide to the sheriff officer firms names the firms Scottish councils instruct.
Council tax arrears you cannot see a way through? Get free help with the figures
What should you check before you agree a figure?
Whether the underlying bill is right. A reduction applied to the liability shrinks the arrears you are arranging to pay, so it is worth doing before you commit rather than after.
What can come off the liability
Council Tax Reduction can cover up to 100% of the liability, and what Council Tax Reduction in Scotland is explains how an award is worked out.
The working-age scheme runs under the Council Tax Reduction (Scotland) Regulations 2021, with figures uprated from 1 April 2026, and the pension-age scheme under SSI 2012/319. Our council tax discounts page covers the single person discount, disregards, the severe mental impairment exemption and the disabled band reduction.
Discounts, exemptions and the disabled band reduction carry no statutory maximum backdating period. How far back a council goes is discretionary and evidence-led, so ask rather than assume.
And whether you were liable at all
If you were not the liable person for a particular address or period, raise that in writing before agreeing to pay it. It is a stronger point than any arrangement.
What if 12 months is still more than you can pay?
Ask for a longer period first, since there is no statutory maximum. If that does not work, the statutory routes deal with the debt as a whole rather than one bill at a time.
How long each route can run
| Route | Who decides the length | Any statutory maximum |
|---|---|---|
| An arrangement with the council on arrears | The council, at its discretion | No statutory maximum period applies |
| A Debt Payment Programme under the Debt Arrangement Scheme | The DAS Administrator, applying the fair and reasonable factors | No ceiling is prescribed, and the average programme runs around six years |
| A Time to Pay Order | The sheriff | The debt must be £25,000 or less excluding interest, and the sheriff must be satisfied the order is reasonable in all the circumstances |
| The instalment scheme on the current year's bill | Set out on your own demand notice | Read the number of instalments and the dates off your own bill |
The Debt Arrangement Scheme
Council tax arrears can go into a Debt Payment Programme under the Debt Arrangement Scheme, where interest, fees and charges are frozen and written off on completion. Ongoing current-year council tax cannot go in and has to keep being paid.
No ceiling on the length is prescribed by the Debt Arrangement Scheme (Scotland) Regulations 2011, and the average programme runs around six years, according to the Accountant in Bankruptcy statistics published on 22 July 2026.
That is a long way beyond anything an arrangement on one bill would cover. What the Debt Arrangement Scheme is explains how a programme works, and whether council tax arrears can go into a Debt Arrangement Scheme covers what qualifies.
Time to Pay, and the distinction that matters
A Time to Pay Order is competent against a summary warrant, and the debt outstanding must be £25,000 or less excluding interest, a limit in force since 10 July 2000. A Time to Pay Direction is a different application and is not available for summary warrant debt, because a direction is made inside a court action.
It is not settled whether an earnings arrestment on its own opens the door to an application, so ask a money adviser or the sheriff clerk at the Scottish courts whether one is competent on your facts.
Does an instalment plan stop a wage arrestment that has already started?
Not by itself. An arrangement carries no statutory power to end a deduction already running, and while a creditor can abandon an arrestment under section 47(2), whether it does is its own decision and not something you can insist on.
What each route does about a deduction already running
| Route | Who decides | Effect on an existing earnings arrestment |
|---|---|---|
| An instalment plan agreed with the council | The council, at its discretion | No statutory power to end a deduction already running. A creditor can abandon one under s.47(2), but that is its own decision |
| A Debt Payment Programme under the Debt Arrangement Scheme | The DAS Administrator, on approval | Stops an existing earnings arrestment |
| A statutory moratorium | The Accountant in Bankruptcy | Does not stop one that came into effect before the moratorium began |
| A Time to Pay Order | The sheriff | Section 9(2)(a) requires recall of any existing earnings arrestment where an order is made, and whether an application is competent is not settled |
| Sequestration or the Minimal Asset Process | The Accountant in Bankruptcy | Ends on the date of sequestration |
| A protected trust deed | The trustee and the creditors | Ends on the date of protection rather than the date of signing |
A statutory moratorium is the exception in that table.
It does not stop an earnings arrestment that was already running. Section 197(5)(d) of the Bankruptcy (Scotland) Act 2016 lets a creditor carry on executing an earnings arrestment, a current maintenance arrestment or a conjoined arrestment order that came into effect before the moratorium began.
What the deduction is worked out from
Deductions come off net earnings, after income tax, National Insurance primary class 1 contributions, pension scheme contributions and a priority child maintenance deduction from earnings order, using the tables in Schedule 2 to the Debtors (Scotland) Act 1987 that have been in force since 6 April 2025. Net monthly pay of £750.00 or less produces a nil deduction, and £172.61 is the weekly equivalent.
There is no hardship application against an ordinary earnings arrestment. A sheriff cannot reduce a Schedule 2 deduction because it leaves you short, which is a reason to arrange something before enforcement gets that far.
Where a summary warrant is already in place
A warrant does not prevent an arrangement, though the 10% statutory addition made when it was granted stays on the account along with any sheriff officer fees. How much the 10% summary warrant penalty is covers the addition, and what a summary warrant is covers the warrant itself.
What makes an arrears plan fall apart?
A figure that was never affordable is one. A new year’s council tax falling behind while the old arrears are being paid is the other.
A new year falling behind while the old one is being cleared
A missed instalment on the current year usually leads to a reminder notice, and paying inside the window on it, usually seven days, normally puts it back on track. A council may issue up to two reminders in a financial year, and after a final notice goes unpaid the right to pay by instalments is lost for that year, which why you lose the right to pay council tax in instalments sets out in full.
Day counts vary by council policy, so work to the date on the letter you were sent. The point is that a plan on old arrears does nothing to protect the new year.
If you know a payment is going to be missed
Tell the council before the date rather than afterwards, and put it in writing. What happens if you break a council tax payment arrangement covers where a default leaves the account.
Getting the offer right the first time
Build the figure from what is actually left after essential costs, and ask for the longer period at the outset if the shorter one will not hold. Our special payment arrangement and council tax debt advice pages set out how we help.
Frequently asked questions
Is there a legal maximum period for paying council tax arrears?
No. There is no statutory maximum, and councils commonly work to the current financial year while considering longer where affordability is evidenced.
Can a council refuse an instalment plan on arrears?
Yes. An arrangement on arrears is discretionary rather than an entitlement, so the decision rests with the council whatever you offer.
Can you pay council tax arrears over two or three years?
Nothing in statute caps the period, so it is a competent thing to ask for. Where you need that long, a Debt Payment Programme under the Debt Arrangement Scheme may be the better fit.
Do you still have to pay this year's council tax as well?
Yes. Ongoing current-year council tax has to keep being paid and cannot be included in a Debt Payment Programme, so budget for both at once.
Which year do your payments go to?
Payments are normally allocated to the oldest year of arrears first unless you say otherwise. State in writing which year a payment is for at the time you pay it.
Will an arrangement stop sheriff officers contacting you?
An arrangement carries no statutory power over an existing instruction, so ask the council to confirm in writing what happens to it. A creditor can abandon an arrestment under section 47(2), but whether it does is its own decision.
Can you set up a plan if a summary warrant has already been granted?
A warrant does not prevent an arrangement. The 10% statutory addition made when it was granted stays on the account, along with any sheriff officer fees.
Does an arrangement affect your credit file?
No. Council tax is not reported to credit reference agencies in Scotland, and a summary warrant does not appear on a credit file either.
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Written as general information about Scottish debt law rather than regulated financial or legal advice, and your own circumstances may change the answer. Free, impartial help is available from Citizens Advice Scotland, StepChange, Money Advice Scotland and National Debtline.