It’s important to understand when you have to pay a higher rate stamp duty. There are two additional layers that may apply to the residential rates: an additional 5% where you own another residential property at the point of purchase, and an additional 2% for non UK residents (rates correct as of July 2024).
We teamed up with Mishcon de Reya to write the definitive guide to the UK conveyancing process, addressing which buyers need to pay a higher rate stamp duty and the additional layers which apply to residential property.
All the details are in our free 2024 guide. Please complete the form below:
Your lawyer will usually advise you on your exact SDLT liability prior to exchange of contracts. They will prepare the actual return upon exchange and in advance of completion.
Broadly, the rates are split between residential and nonresidential property. Most residential properties will fall within the residential rates.
In terms of higher rate stamp duty, there are two additional layers that may apply to the residential rates: an additional 3% where you own another residential property at the point of purchase, and an additional 2% for non UK residents (rates correct as of July 2024). There are two situations that often arise, depending on your purchase:
i. It is possible that you will complete on your purchase whilst still owning the house you are selling. You will have to pay the higher rate stamp duty of 5% when you complete on your purchase. If, however, the house you are selling was your main residence and you sell it within three years, you can reclaim the additional 3%.
ii. Country houses may sometimes fall within the non-residential rates where they have a sufficiently non-residential element, such as a farm (hence the term ‘mixed use’), or where they comprise more than six dwellings (e.g. cottages or staff flats around the main house).
As professional property advisors, we are acutely aware that many people – even experienced buyers – find the conveyancing process drawn-out and frustrating. Advance understanding of the conveyancing process – and your own obligations within it – is always very much to your advantage. Forewarned is forearmed, as they say. And so, it really is worth taking the time to familiarise yourself with the steps by which property changes ownership in England and Wales. Doing so will improve your chances of a faster, frictionless completion of your purchase.
Much of the actual work will, of course, be carried out by your lawyer, and so you shouldn’t feel daunted by the length of this guide. Plus of course, when you are a Middleton client, your team is always on hand with practical support and advice.
If you are interested in purchasing property in London or the South of England or have any questions about when you need to pay a higher rate stamp duty, you can contact the team here.