58BRelief for new zero-carbon homes

1

The Treasury may make regulations granting relief on the first acquisition of a dwelling which is a “zero-carbon home”.

2

In subsection (1) “first acquisition of a dwelling” means the acquisition of a building which—

a

has been constructed for use as a single dwelling, and

b

has not previously been occupied.

3

For the purpose of subsection (2) land occupied or enjoyed with a dwelling as a garden or grounds is part of the dwelling.

4

The regulations shall define “zero-carbon home” by reference to specified aspects of the energy efficiency of a building; for which purpose “energy efficiency” includes—

a

consumption of energy,

b

conservation of energy, and

c

generation of energy.

5

The relief may take the form of—

a

exemption from charge, or

b

a reduction in the amount of tax chargeable.

6

Regulations under this section shall not have effect in relation to acquisitions on or after 1st October 2012.

7

The Treasury may by order—

a

substitute a later date for the date in subsection (6);

b

make transitional provision, or provide savings, in connection with the effect of subsection (6).

58CRelief for new zero-carbon homes: supplemental

1

Regulations under section 58B—

a

shall include provision about the method of claiming relief (including documents or information to be provided), and

b

in particular, shall include provision about the evidence to be adduced to show that a building satisfies the definition of “zero-carbon home”.

2

Regulations made by virtue of subsection (1)(b) may, in particular—

a

refer to a scheme or process established by or for the purposes of an enactment about building;

b

establish or provide for the establishment of a scheme or process of certification;

c

specify, or provide for the approval of, one or more schemes or processes for certifying energy efficiency.

3

In defining “zero-carbon home” regulations under section 58B may include requirements which may be satisfied in relation to a building either—

a

by features of the building itself, or

b

by other installations or utilities.

4

Regulations under section 58B may modify the effect of section 108, or another provision of this Part about linked transactions, in relation to a set of transactions of which at least one is the first acquisition of a dwelling which is a zero-carbon home.

5

In determining whether section 116(7) applies, and in the application of section 116(7), a transaction shall be disregarded if or in so far as it involves the first acquisition of a dwelling which is a zero-carbon home.

6

Regulations under section 58B—

a

may provide for relief to be wholly or partly withdrawn if a dwelling ceases to be a zero-carbon home, and

b

may provide for the reduction or withholding of relief where a person acquires more than one zero-carbon home within a specified period.

7

Regulations under section 58B may include provision for relief to be granted in respect of acquisitions occurring during a specified period before the regulations come into force.

5

The first set of regulations under section 58B (new zero-carbon homes) may not be made unless a draft has been laid before and approved by resolution of the House of Commons.

6

An order or regulations under this Part—

a

may make provision having effect generally or only in specified cases or circumstances,

b

may make different provision for different cases or circumstances, and

c

may include incidental, consequential or transitional provision or savings.