The Value Added Tax (Construction of Dwellings and Land) Order 1990

2.  For Note (7) in Group 8 of Schedule 5 to the Value Added Tax Act 1983(1) there shall be substituted the following–

(7) The grant of an interest in, or in any part of–

(a)a building designed as a dwelling or number of dwellings; or

(b)the site of such a building,

is not within item 1 if–

(i)the interest granted is such that the grantee is not entitled to reside in the building, or part, throughout the year; or

(ii)residence there throughout the year, or the use of the building or part as the grantee’s principal private residence, is prevented by the terms of a covenant, statutory planning consent or similar permission.

(1)

Group 8 was amended by paragraph 1 of Schedule 3 to the Finance Act 1989 (c. 26).