Revenue Note for Guidance

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Revenue Note for Guidance

653O Relevant site

Summary

This section defines “relevant site” for the purposes of Part 22A.

Details

(1) A relevant site is a site included on a final or most recently revised local authority map issued for the purposes of the tax, with the exclusion of residential properties. A residential property is any building or part of a building which is used as, or is suitable for use as, a dwelling including sheds or garages and yards or gardens not exceeding 0.4047 hectares usually enjoyed with the residential property, as defined in the Finance (Local Property Tax) Act 2012.

(2) This subsection extends the exclusion from a relevant site, as it applies to residential property, to include curtilage in excess of 0.4047 hectares.

(3) Where a portion of a relevant site subject to the tax may be separately identified on the basis of a grant of planning permission in respect of that portion of the site, then that portion of the site may itself be considered a relevant site for the purpose of the tax from the date of the grant of the planning permission and is referred to as a ‘new relevant site’

(4) All new relevant sites, apart from sites which are developed wholly or partly for non-residential purposes and sites in respect of which the payment of tax has been deferred, will have the same liability date and valuation date as the original site. The market value of the original site and any amount of residential zoned land tax and interest charged on the original site under section 653Q(4) is to be apportioned between the original site and the new relevant site, or sites, on a just and reasonable basis.

(5) A site in respect of which tax has been deferred in accordance with section 653AH, and the development of which is fully completed within the life of the planning permission relating to the site, will cease to be a relevant site on the lodging of the certificate of compliance. Where only part of the site has been fully developed within the lifetime of the planning permission, the provisions of subsection (3) and (4) will apply to treat the part of the site that is fully developed as a new relevant site. On completion of the development of the new relevant site, the site will cease to be a site to which residential zoned tax applies.

Relevant Date: Finance Act 2021