Paragraph 20 What counts as a dwellingF1
This paragraph sets out rules for determining what counts as a dwelling for the purposes of this Schedule.
A building or part of a building counts as a dwelling if—
it is used or suitable for use as a single dwelling, or
it is in the process of being constructed or adapted for such use.
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.
Land that subsists, or is to subsist, for the benefit of a dwelling is taken to be part of that dwelling.
The main subject-matter of a transaction is also taken to consist of or include an interest in a dwelling if—
substantial performance of a contract constitutes the effective date of that transaction by virtue of a relevant deeming provision,
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 single dwelling, and
construction or adaptation of the building, or part of a building, has not begun by the time the contract is substantially performed.
In sub-paragraph (5)—
“contract” includes any agreement;
“relevant deeming provision” means any of sections 44 to 45A or paragraph 5(1) or (2) of Schedule 2A or paragraph 12A of Schedule 17A;
“substantially performed” has the same meaning as in section 44.
A building or part of a building used for a purpose specified in section 116(2) or (3) is not used as a dwelling for the purposes of sub-paragraph (2) or (5).
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.
Annotations
Textual amendments
- F1
Sch. 9A inserted (with effect in accordance with Sch. 16 para. 6 of the amending Act) by Finance Act 2021 (c. 26), Sch. 16 para. 5