F1Part 3ABusiness Premises Renovation Allowances
Chapter 3QUALIFYING BUILDINGS AND QUALIFYING BUSINESS PREMISES
360CMeaning of “qualifying building”
1
In this Part “ qualifying building ”, in relation to any conversion or renovation work, means any building or structure, or part of a building or structure, which—
a
is situated in an area which, on the date on which the conversion or renovation work began, was a disadvantaged area,
b
was unused throughout the period of one year ending immediately before that date,
c
on that date, had last been used—
i
for the purposes of a trade, profession or vocation, or
ii
as an office or offices (whether or not for the purposes of a trade, profession or vocation),
d
on that date, had not last been used as, or as part of, a dwelling, and
e
in the case of part of a building or structure, on that date had not last been occupied and used in common with any other part of the building or structure other than a part—
i
as respects which the condition in paragraph (b) is met, or
ii
which had last been used as a dwelling.
2
In this section “ disadvantaged area ” means—
a
an area designated as a disadvantaged area for the purposes of this section by regulations made by the Treasury, F2...
F2b
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3
Regulations under subsection (2)(a) may—
a
designate specified areas as disadvantaged areas, or
b
provide for areas of a description specified in the regulations to be designated as disadvantaged areas.
4
If regulations under subsection (2)(a) so provide, the designation of an area as a disadvantaged area shall have effect for such period as may be specified in or determined in accordance with the regulations.
5
Regulations under subsection (2)(a) may—
a
make different provision for different cases, and
b
contain such incidental, supplementary, consequential or transitional provision as appears to the Treasury to be necessary or expedient.
6
Where a building or structure (or part of a building or structure) which would otherwise be a qualifying building is on the date mentioned in subsection (1)(a) situated partly in a disadvantaged area and partly outside it, only so much of the expenditure incurred in accordance with section 360B as, on a just and reasonable apportionment, is attributable to the part of the building or structure located in the disadvantaged area is to be treated as qualifying expenditure.
7
The Treasury may by regulations make further provision as to the circumstances in which a building or structure or part of a building or structure is, or is not, a qualifying building.
Pt. 3A inserted (11.4.2007 with effect in accordance with s. 92 of the amending Act) by Finance Act 2005 (c. 7), Sch. 6 para. 1; S.I. 2007/949, art. 2