This surcharge applies to both freehold and leasehold property as well as certain UK resident companies that are controlled by non-UK residents. The charge does not apply in Scotland and Wales.

Individuals will be considered as a non-UK resident where they spent fewer than 183 days in the UK in the 12 months up to the purchase date of the property.

The surcharge will apply on top of existing residential rates of SDLT, including the rates applicable to purchases of additional dwellings.

Application

The surcharge does not apply to purchases of property, or part of a property if the property is either:

• A non-residential property
• A mixture of residential and non-residential, such as a shop with a flat above it, unless a claim to Multiple Dwellings Relief is made
• The surcharge also does not apply to property you lease if your lease is for seven years or less, on the date it was granted

Impact on transactions

The surcharge does not apply to transactions where a contract has either been:

• Entered into and substantially performed before 1 April 2021
• Exchanged before 11 March 2020, unless the contract relates to excluded transactions

The UK Government believes introducing the surcharge will help make house prices more affordable and help people get onto, and move up the housing ladder.

View UK Government guidance   View HMRC SDLT Manual

propertymark resources

Propertymark members can access FAQs by logging into their member area on the website. These outline the changes and impact of the new rates of Stamp Duty Land Tax for non-UK residents (England / Northern Ireland).