SDLTM29831 - Conditions for claiming the relief – First-time buyers intending to occupy the dwelling as their only or main residence FA03/SCH6ZA/PARA1(4)

Relief is only available where the purchaser or purchasers are first-time buyers intending to occupy the dwelling as their only or main residence.

Only purchasers who are individuals are entitled to claim relief. If there is a purchaser who is a company then no relief is available as a company is not an individual.

All the purchasers must be first-time buyers. See SDLTM29845 for the meaning of ‘first-time buyer’.

If there are any purchasers who are not first-time buyers then no relief is available.

All the purchasers must intend to occupy the dwelling as their only or main residence.

In cases where an individual resides at only one dwelling, that will be their only or main residence.

There may be cases where an individual first-time buyer continues to reside at another dwelling following the purchase of a dwelling.

For example, the individual maintains a home that they rent from someone else and continues to reside there after the purchase of a dwelling. They intend to occupy the purchased dwelling once it has been renovated.

In such cases, all of the facts and circumstances of the case should be considered to determine whether the individual intends the purchased dwelling to be their main residence.

It is not necessary that the purchaser must occupy the property immediately following purchase. At the time of the land transaction, there must be a clear intention to occupy the dwelling as the purchaser’s only or main residence and the fact that circumstances make it either impossible or impractical to immediately occupy the dwelling do not prevent relief being due.