Scope: what is chargeable: land transactions: definition of non-residential property FA03/S116
FA03/S116(1) (@ http://www.legislation.gov.uk/ukpga/2003/14/section/116) defines non-residential property, by exclusion, as any land which does not come within the definition of residential property at FA03/S116(1)(a) to (c).
FA03/S116(3) specifies that a building used for the following purposes is non-residential property:
- a residential home or other institution for children;
- a hall of residence for students in further or higher education;
- a home or other institution for persons in need of personal care due to old age, disability, past or present dependence on alcohol or drugs or past or present mental disorder;
- a hospital or hospice;
- a prison or similar establishment; or
- a hotel or inn or similar establishment.
In these cases, FA03/S116(4) precludes any potential residential use being considered
In addition, FA03/S116(7) provides that, where six or more separate dwellings are the subject of a single transaction, this is treated as a non-residential property transaction.