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When a property is treated as ‘uninhabitable’ for SDLT purposes: And why it matters

Shared from Tax Insider: When a property is treated as ‘uninhabitable’ for SDLT purposes: And why it matters
By Sarah Bradford, February 2025

Sarah Bradford examines when HMRC will accept that a property is uninhabitable and the findings of the tribunal in the Mudan case. 

There are different rates of stamp duty land tax (SDLT) for residential properties and for non-residential and mixed properties. In addition, a supplement of 5% applies to the purchase of second and subsequent residential properties. The addition of the supplement can make buying residential properties for investment (for example, as a buy-to-let) expensive. By contrast, there is no supplement on the non-residential rates.  

Consequently, there may be significant cost savings to be had if the non-residential or mixed rates apply rather than the residential rates. 

Residential rates and non-residential SDLT rates 

The residential rates applying now and from 1 April 2025 are shown in the tables below. 

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