If the property fails to meet this criteria due to its poor condition and derelict state, it can be regarded as uninhabitable. In a recent case (Bewley Limited v HMRC), the court ruled that a higher rate SDLT, or 3% surcharge as it is sometimes known, is not payable on the purchase of a property that is uninhabitable and in such poor condition that it may only be used for development.
Our specialist will review your case and determine if your eligible to claim.
Provide us with all the information we need to begin your claim.
Our specialist will consolid- -ate all your documents & submit your claim.
Our specialist will review your case and determine if your eligible to claim.
The presence of damp or mould which is likely to cause an immediate health risk to the occupants.
The electrical system is in an unsafe condition.
The presence of asbestos that would cause a direct and immediate Health and Safety risk.
Lack of one or more utilities: water, gas (including LPG), electricity ie Faulty or non- functioning boiler system, damaged pipes, exposed or non-functioning wires.
The presence of a significant roof leak causing water to penetrate into the property.
Major Health and Safety issue(s) or environmental factor(s) that would cause a direct and immediate risk to the occupants.
Glass in doors, screens, windows, etc, is not toughened or laminated in accordance with current Health and Safety requirements (Building Regulations).
Flats lacking ‘½ hour fire check’ rated doors where required by Building Regulations.
All or any staircases not possessing appropriate balustrades or handrails that comply with the Building Regulations and/or are in an unsafe condition.
Stamp Duty is a tax you might have to pay if you buy a residential property or a piece of land in England or Northern Ireland over a certain price. You will pay Stamp Duty on residential properties costing more than £125,000 unless you qualify for first-time buyers relief.
If you purchased a residential property you would have paid residential rates of stamp duty. However, if the property had a defect at the time of purchase that meets certain criteria, we can claim a rebate based on a recent case law case. Often, there is a refund worth thousands of pounds that would otherwise have been missed.
There is a host of factors that determine if a property should be defined as uninhabitable. You are
eligible to make an SDLT refund claim if your property has any one of the below.
We work with chartered surveyors, tax consultants and solicitors with a 100% success rate. Our specialists will assess if the condition of the property is suitable for a claim, and our legal and tax professionals will build your case and carry it through until its success. We work on a no win no fee and offer a free no obligation assessment.
You can make a claim on a property you have purchased in the last 4 years.
Your claim can take anywhere between 15 to 25 working days to processes from the date of submission.
Each claim is different, and the amount reclaimed is dependant on the value of the property and the amount of stamp duty paid. Claims are typically between 60% to 100% of the total stamp duty paid.
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