Section 137 – Dwellings open to the public
227.Subsection (1) provides that a day in a chargeable period is a relievable day if either the first or second condition is met.
228.Subsection (2) provides that the first condition is met where the dwelling is being exploited as a source of income in the course of a qualifying trade in the normal course of which the public are offered the opportunity to make use of, stay in or otherwise enjoy the dwelling on at least 28 days in any year.
229.Subsection (3) provides that the second condition is met where steps are being taken to secure that the dwelling will be exploited in a qualifying trade of the nature set out in the first condition, so long as this is without delay, or any delay is from commercial considerations or cannot be avoided.
230.Subsection (4) defines a “qualifying trade” as one that is carried on commercially with a view to profit.
231.Subsection (5) provides that for the purposes of this section, a significant part of the interior of the dwelling has to be made available for persons permitted to use, stay in or enjoy the dwelling.
232.Subsection (6) sets out that size, nature and function of areas concerned are taken into account when determining whether they form a significant part of the interior of a dwelling.
