Edward Sharpe
- 11 Nov 2024
- Law Blog
- Residential Property
The first Labour budget for 14 years was the subject of much speculation in the press. But what has changed for homeowners, buyers and sellers? And is there anything property owners should do as a result?
‘There was a lot of hype surrounding the budget,’ agrees Edward Sharpe, Head of Residential Property Team. ‘While the impact on residential property may have been less than predicted, there are still some important changes property owners need to be aware of.’
Here he answers some common questions.
I Want to Sell my Property, What Has Changed?
The budget made no significant changes which are likely to affect your sale. The rate of capital gains tax (the tax on any profit you make) remains the same.
Moreover, if you are selling your main home, it is unlikely you will have to pay capital gains tax at all. This is because you should qualify for private residence relief. However, there are some exceptions; for example, if you use part of your home exclusively for business. So, check this with your solicitor before putting your home on the market.
I Plan to Buy a Property Soon, What Has Changed?
The budget made significant changes to stamp duty land tax (SDLT), which you must pay on completion of your purchase. The impact will depend on whether you are buying your first home, replacing your main residence, or buying an additional property.
If you are buying your first home or replacing your main residence, then there is no change. However, if you are buying an additional property, for example a holiday home or buy-to-let investment, then you will have to pay more SDLT. This is because the rate increased from three to five per cent on the day of the budget.
You will also have to pay the increased rate if you are buying through a company or trust.
This change could also affect you if you are buying your new home before selling your old one. HMRC will treat you as owning two properties, and you will have to pay the additional rate of SDLT on your purchase. There is a mechanism for recovering the additional rate element if you sell your old home within 36 months, subject to certain conditions, which your solicitor can discuss with you.
How will the Budget Help First-time Buyers?
The budget contained no direct measures to help first-time buyers. Nevertheless, the Government hopes the SDLT changes will give first-time buyers an advantage over second-home buyers who will have to pay more to buy the same property. It also said it would develop the ‘mortgage guarantee scheme’, making 95 per cent mortgages more attainable for first-time buyers.
The Government also plans to put more money into the affordable homes programme.
Significantly though, it did not extend the existing SDLT relief for first-time buyers. Currently, if you are a first-time buyer you will not pay any SDLT if the property you are buying costs £425,000 or less. However, after 31 March 2025, you will have to pay SDLT if your property costs more than £300,000. This is because the temporary relief expires then; and the budget did not renew it. So, for example, if you are buying a home for £500,000, you will pay £6,250 more in SDLT after 31 March 2025. So, if you are planning to buy your first home, you should bear this in mind.
What is Happening to the Right-to-Buy?
If you live in a council house, and meet certain criteria, you have a right to buy your home. This right may also apply if your home used to be owned by the local authority before it was sold to another provider such as a housing association. The price payable is calculated by a formula set out in legislation, and the net result is a substantial discount on market value.
From 21 November 2024, the level of discount will be significantly reduced. In essence, the discount will return to the level it was in 2012. The effect will depend on your period of occupation and the area where you live. However, the reduction is likely to have the biggest impact on longstanding tenants or those who live in areas where property prices are high. If you think you are eligible and want to exercise this right, then speak to your solicitor or housing provider without delay.
Will My Estate Have to Pay More Tax After I Die?
Possibly. The budget introduced important changes to how inheritance tax (IHT) is calculated.
In essence, IHT is levied on estates over a certain value. There are rules over what counts towards that value, which is currently set at £325,000. The budget changed this by saying the valuation must now include inherited pensions. If you have a pension which can be passed on, this may push up the value of your estate for IHT purposes and make it more likely a charge will arise.
Farmers may also be adversely affected by the reduction of agricultural property relief, which will take effect from April 2026.
IHT is a complex area, and it is a good idea to talk to an independent financial advisor especially if you hold significant assets. Your solicitor can advise you and ensure any arrangements protect your interests.
When Will the Changes Come into Force?
Many changes had immediate effect. However, there are transitional provisions which may apply to transactions agreed before the budget. So, for example, if you have already exchanged contracts to buy an investment property, the old rate of SDLT should still apply. This will depend on the particular facts, so check with your solicitor.
What Action Should I take Because of the Budget?
This will depend on your individual circumstances. The budget may not have affected you directly, but it can still be a good opportunity to review your finances and any plans for property which you own.
Your solicitor can advise you on all aspects of property law, including how to structure your ownership to minimise your tax bill within the law. They will consider your current goals, as well as your long-term interests, for example, what would happen if your circumstances changed. Being truly independent, they will ensure any arrangements are right for you personally as well as being tax efficient.
How We Can Help
For further information, please contact our Residential Property Team in your local area or email info@sillslegal.co.uk. We have teams in all of our offices across the region.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.