SDLTM20110 - Reliefs: Disadvantaged areas relief
Relief for non-residential property transactions before 17 March 2005
For transactions with an effective date before 17 March 2005,
unlimited relief was available in respect of non-residential
property including the non-residential element of mixed-use
property situated in Enterprise Areas.
This included both the premium and rental element of leases.
For a definition of non-residential property please see
SDLTM20070.
This relief remains available for:
- the completion of contracts entered into and substantially performed on or before 16 March 2005
- the completion or substantial performance of other contracts entered into on or before 16 March 2005, provided that
- there is no variation of or assignment of rights under the contract after 16 March 2005
- the transaction is not effected in consequence of the exercise after 16 March 2005 of an option, right of pre-emption or similar right
- there is no assignment, sub-sale or other transaction after 16 March 2005 relating to all or part of the subject matter of the contract under which a person other than the contracting purchaser becomes entitled to call for a conveyance
Customers wishing to claim the former relief in respect of
non-residential property are advised that this relief is subject to
controls on State Aids under the EC Treaty.
If you are receiving or applying for State Aids from other
sources, e.g. from a Regional Development Agency, you must ensure
that the value of the relief claimed, cumulated with the value of
any other State Aids received in respect of the same project, does
not exceed the relevant Aid Intensity Ceiling.
Under European law exceeding the Ceiling may result in the
recipient being required to repay the amount of the excess aid
received, plus interest.
Recipients of other State Aids are advised to seek further
advice from the relevant awarding body on this point.
