C1SCHEDULE 5HIGHER RATES RESIDENTIAL PROPERTY TRANSACTIONS
C1PART 6INTERPRETATION
What counts as a dwelling
I1C136
1
This paragraph sets out rules for determining what counts as a dwelling for the purposes of this Schedule.
2
A building or part of a building counts as a dwelling if—
a
it is used or suitable for use as a dwelling, or
b
it is in the process of being constructed or adapted for such use.
3
Land that is, or is to be, occupied or enjoyed with a dwelling as a garden or grounds (including any building or structure on that land) is taken to be part of that dwelling.
4
Land that subsists, or is to subsist, for the benefit of a dwelling is taken to be part of that dwelling.
5
The main subject-matter of a transaction is also taken to consist of or include an interest in a dwelling if—
a
substantial performance of a contract constitutes the effective date of that transaction by virtue of a relevant deeming provision,
b
the main subject-matter of the transaction consists of or includes an interest in a building, or a part of a building, that is to be constructed or adapted under the contract for use as a dwelling, and
c
construction or adaptation of the building, or part of a building, has not begun by the time the contract is substantially performed.
6
In sub-paragraph (5)—
“"contract”” (“"contract”") includes any agreement;
“"relevant deeming provision”” (“"darpariaeth dybio berthnasol”") means any of sections 10 to 13 or paragraph 8(1) to (5) of Schedule 2 (pre-completion transactions) or paragraph 20 of Schedule 6 (agreement for lease);
“"substantially performed”” (“"cyflawni'n sylweddol”") has the same meaning as in section 14.
7
A building or part of a building used for a purpose specified in section 72(4) or (5) is not used as a dwelling for the purposes of sub-paragraph (2) or (5).
8
Where a building or part of a building is used for a purpose mentioned in sub-paragraph (7), no account is to be taken for the purposes of sub-paragraph (2) of its suitability for any other use.
Sch. 5 applied (with modifications) (1.4.2018) by The Land Transaction Tax (Transitional Provisions) (Wales) Regulations 2018 (S.I. 2018/126), regs. 1(2), 12