Capital Allowances Act 1990 (repealed)

96 The appropriate capital expenditure. U.K.

(1) For the purposes of this Part the capital expenditure appropriate to a dwelling-house shall be determined as follows—

(a) if the building concerned consists of a single qualifying dwelling-house, then, subject to the relevant limit, the whole of the capital expenditure on the construction of the building is appropriate to that dwelling-house; and

(b) in the case of a dwelling-house which forms part of a building, the capital expenditure appropriate to it is, subject to the relevant limit, the aggregate of—

(i) that proportion of the capital expenditure on the construction of the building which is properly attributable to the construction of that dwelling-house; and

(ii) where there are common parts of the building, such proportion of the capital expenditure on those common parts as it is just and reasonable to attribute to the dwelling-house and as does not exceed one-tenth of that proportion of the capital expenditure referred to in sub-paragraph (i) above;

and in this section “the relevant limit” means £60,000 if the dwelling-house is in Greater London, and £40,000 if it is elsewhere.

(2) In subsection (1) above “common parts”, in relation to a building, means common parts of the building which—

(a) are not intended to be in separate occupation (whether for domestic, commercial or other purposes); and

(b) are intended to be of benefit to some or all of the qualifying dwelling-houses included in the building;

and the capital expenditure on any such parts of the building is so much of the expenditure on the construction of the building as it is just and reasonable to attribute to those parts.

(3) Capital expenditure is appropriate to a dwelling-house only if it was incurred after 9th March 1982 and before 1st April 1992 or is deemed to have been so incurred by virtue of section 91.

Modifications etc. (not altering text)

C1 S. 96 modified by 1988 c. 1, Sch. 24 para. 11A(4) (as inserted (1.5.1995) by Finance Act 1995 (c. 4), Sch. 25 para. 6(4))