Find out in minutes if your property qualifies as mixed-use for SDLT

Instantly Check if You Overpaid SDLT – And Start Your Claim in Minutes

If you bought a property with land, stables, commercial elements or even just a large plot that goes beyond a typical garden — you might have overpaid Stamp Duty Land Tax. Thousands do, often because their solicitor simply ticked the “residential” box.

But if your property qualifies as mixed-use, the SDLT bill should be charged at the lower non-residential rates.

This page lets you find out in minutes whether your purchase may qualify — and what kind of refund might be available.

1. Use the Tools to Check Your Case

Stamp Duty Refund Calculator

Enter your purchase price, SDLT paid, and a few simple details. We’ll show you what your SDLT should’ve been, and how much could potentially be reclaimed.

Mixed-Use Checker Tool

Tick any box that applied at the time of completion – if any apply, it’s automatically “mixed-use” under HMRC rules.
If not, use the sliders to score qualitative factors like separate access, non-domestic use, or historic business activity. Our tool combines these to assess your case strength.

Example scenarios that often qualify:
Property includes grazing land, woodland, paddocks or fields
Commercial lease or trading activity onsite (e.g. equestrian use)
Part of the land has a separate title, gate, or boundary
A large area of land with no domestic use
Parcels on the non-domestic rating list

2. Let Us Handle the Claim

If your case looks promising, I’ll personally handle the entire SDLT reclaim process — no win, no fee.

You get paid first. Any refund goes directly to you from HMRC.
Then you pay us. A small success-based fee (typically 12.5%) is only due once the refund is secured.
We defend the claim. If HMRC opens an enquiry and you ultimately don’t get the rebate, we refund our fee.

Why Act Now?

You have only 4 years from completion to make a reclaim (5 in Scotland).
Thousands of people are now rechecking their SDLT returns — the sooner your claim is submitted, the sooner it’s processed.
HMRC scrutiny is increasing. Acting early gives your case the best possible defence.

Mixed-Use Refund Calculator – Discover What You’re Owed

Mixed Use Stamp Duty Land Tax Refund Calculator

House Price (£): I know how much stamp duty I paid: Date Bought: UK Resident for Stamp Duty Purposes: Additional Dwelling or Ltd Co. Purchase: Success Fees (% of Reclaimed Sum):

Does Your Mixed-use Case Qualify?

Mixed-Use SDLT Checker

This tool helps you assess if a property purchase qualifies as "mixed-use" for Stamp Duty Land Tax (SDLT) purposes. Start by answering the questions below.

Property Elements

Does your property include any non-residential elements?

Non-residential buildings or structures only

Non-residential land only

Both buildings and land

Core Legal Principles from the Case Law

"Garden or Grounds" are Ordinary Words: No special legal definition; use the ordinary, natural meaning (Hyman).
The "Reasonable Enjoyment" Test is Rejected: No size limit based on what is "required for the reasonable enjoyment of the dwelling". Land doesn't cease to be residential simply because the owner could do without it (Hyman).
It's a Multi-Factorial Evaluation: Decision is reached by weighing all relevant factors. No single factor is determinative (How Development, Suterwalla).
The Key Time is the Moment of Completion: The character of the property is assessed at the effective date of the transaction (Suterwalla, citing Ladson Preston).
Focus is on the Land's Character: The question is whether the land is, in character, part of the dwelling's garden or grounds (Suterwalla).

Rule Set 1: Binary Indicators (Red Flags & Green Flags)

Indicators that Land is NON-RESIDENTIAL (Argues for Mixed-Use)

Commercial Use at Completion: Was the land subject to a genuine, pre-existing commercial lease at the moment you completed the purchase?
Physical and Functional Separation: Is the land physically separate from the main house and its immediate garden?
Separate Marketing and Title: Was the land marketed separately? Is it held on a completely separate legal title?
Distinct Character: Does the land have a character that is objectively different from what one would consider "grounds"?

Indicators that Land IS "Garden or Grounds" (Argues for Residential-Only)

Ancillary/Passive Use: Is the land's primary function to provide a setting, privacy, or security for the main house?
Contiguity and Access: Is the land adjacent to the house/gardens and accessible from them?
Historical Integration: Has the land historically been part of the property's estate, occupied and enjoyed with the house by previous owners?
No Separate Use: Is the land not used for any purpose at all?
Third-Party Rights Are Minor: Does a third party have limited rights over the land that do not prevent the owner's general control and occupation?

Rule Set 2: Multifactorial Scoring System

Buildings & Structures

1. Actual Use at Completion

Score 5: Active commercial use by a third-party tenant under a formal lease (e.g., workshop, office, storage)
Score 4: Active commercial use by the previous owner for a genuine, standalone business (e.g., VAT-registered, business accounts)
Score 3: Derelict, unused, or used for a hobby with no commercial element (e.g., personal classic car restoration, pottery studio)
Score 2: Ancillary domestic use (e.g., storage for house/garden items, home gym, pool house, garage for personal cars)
Score 1: Used as a separate dwelling (e.g., granny annexe, holiday let) or a "home office" for employment (ancillary to the owner's residence)

Help ?

How to answer:
Consider what the building or structure was actually being used for on the day you completed your purchase. Ignore what you plan to do in the future—focus on the state at completion.

Examples:

Score 5: A workshop let to a mechanic, a storage unit rented to a business, or an office leased to a company. There is a formal lease or contract, and the occupier is not related to you.
Score 4: The previous owner ran a business from the building (e.g., a VAT-registered carpentry shop, a farm office with business accounts), but there is no third-party tenant.
Score 3: The building is empty, derelict, or only used for hobbies (e.g., restoring classic cars for fun, a pottery studio for personal use).
Score 2: The building is used for domestic purposes, such as storing garden tools, a home gym, or a pool house. It is not used for business or as a separate home.
Score 1: The building is lived in as a separate dwelling (e.g., a granny annexe, a holiday let), or is used as a home office for your own employment (not a business open to the public).

Tip: If you have a lease, contract, or evidence of business rates, this points to a higher (more commercial) score.
Case law: Suterwalla (focus on the state at completion), s.116(1)(a)

2. Fit-out & Physical Condition

Score 5: Industrial/agricultural fit-out (e.g., animal pens, mechanic's lift, commercial kitchen, office cubicles)
Score 4: A bare, unfinished shell. No plaster, exposed blockwork/frame
Score 3: Basic "outbuilding" finish. Concrete floor, bare walls, basic lighting
Score 2: High-quality finish suitable for domestic ancillary use (e.g., plastered, decorated, carpeted, insulated)
Score 1: Fully domestic fit-out. Contains a functional kitchen and/or bathroom

Help ?

How to answer:
Look at the physical state and fit-out of the building. What is it equipped for? Is it set up for business, basic storage, or as a place someone could live?

Examples:

Score 5: The building has features for business or agriculture: animal pens, a mechanic's lift, a commercial kitchen, or office cubicles. It is clearly not set up for living.
Score 4: The building is a bare shell—no plaster, exposed blockwork or frame, unfinished floors. It is not ready for any use without work.
Score 3: The building is finished to a basic standard: concrete floor, bare walls, basic lighting. Suitable for storage or as a simple outbuilding.
Score 2: The building is finished to a high domestic standard: plastered, decorated, carpeted, insulated, but not equipped as a home (no kitchen or bathroom).
Score 1: The building is fully fitted out for living, with a kitchen and/or bathroom. It could be used as a home or annexe.

Tip: If the building could be lived in immediately, score lower. If it is only usable for business or farming, score higher.
Legal: s.116(1)(a)

3. Services & Utilities

Score 5: No services connected, OR has separate, commercially rated utility meters and contracts (e.g., three-phase electricity)
Score 3: Basic power and light fed from the main house supply
Score 1: Fully serviced from the main house. Connected to the same central heating, water, and foul drainage systems

Help ?

How to answer:
Check what utilities (electricity, water, heating, drainage) are connected to the building. Are they separate from the main house, or fully integrated?

Examples:

Score 5: The building has no services at all, or has its own commercial utility meters and contracts (e.g., separate electricity supply, business rates for water, three-phase power).
Score 3: The building has basic power and lighting, but these are supplied from the main house (e.g., a cable run from the house fuse box).
Score 1: The building is fully serviced from the main house, with central heating, water, and foul drainage all connected as if it were part of the home.

Tip: The more separate the services, the more likely the building is non-residential.
Objective indicator of integration vs. separation.

4. Legal & Planning Status

Score 5: Specific non-residential planning use class (e.g., B2 General Industrial, E Commercial, sui generis for a specific business). Is separately assessed for business rates
Score 3: Sui generis (not for a business), or falls under permitted development so no class is needed. Status is ambiguous
Score 1: Planning use is C3 (dwelling-house) or is considered within the "curtilage" of the C3 dwelling and thus ancillary. Not separately rated; covered by main house's council tax

Help ?

How to answer:
Look at the planning permission and legal status of the building. What is it officially allowed to be used for? Is it rated for business or council tax?

Examples:

Score 5: The building has planning permission for a business use (e.g., B2 General Industrial, E Commercial), or is listed for business rates separately from the house.
Score 3: The building is "sui generis" (unique use, not a business), or has ambiguous status (e.g., permitted development, no clear class).
Score 1: The building is officially a dwelling (C3 use), or is considered part of the main house for council tax and planning purposes.

Tip: Check your council tax and business rates bills, and planning documents.
Objective evidence of character.

5. Commercial Reality

Score 5: Let to an unrelated third party on a formal commercial lease protected by the Landlord and Tenant Act 1954. Generates significant, documented income
Score 3: No commercial activity
Score 1: Any "business use" is indistinguishable from domestic life (e.g., using a spare room as a home office for remote working)

Help ?

How to answer:
Think about whether the building is genuinely used for business, and if so, how separate that business is from your home life.

Examples:

Score 5: The building is let to a third party on a formal commercial lease (protected by the Landlord and Tenant Act 1954), and generates real, documented income (e.g., rent paid, lease agreement in place).
Score 3: The building is not used for any business or commercial activity at all.
Score 1: Any "business use" is just part of normal domestic life (e.g., you work from home in a spare room, but there is no public access, signage, or business insurance).

Tip: If the building is used for a business that is open to the public or has its own address, score higher.
Distinguishes genuine business from a hobby or ancillary use.

6. Relationship to Dwelling

Score 5: Significant distance from the house with its own separate access from the public highway. Cannot be seen from the house
Score 3: Detached outbuilding within the garden/grounds, clearly associated with the main house
Score 1: Physically attached to the main house (e.g., an integral garage or an annexe connected by a corridor)

Help ?

How to answer:
Consider how close the building is to the main house, and whether it feels like part of the home or something separate.

Examples:

Score 5: The building is far from the house, has its own separate access from the public road, and cannot be seen from the house. It feels like a separate property.
Score 3: The building is a detached outbuilding within the garden or grounds, but is clearly associated with the main house (e.g., a garden shed, a pool house).
Score 1: The building is physically attached to the main house, such as an integral garage or an annexe connected by a corridor. It is clearly part of the home.

Tip: The more separate the building is, the higher the score.
How Development, Suterwalla (proximity and layout)

Land

1. Use of the Land

Score 1: Used for recreation, amenity, or privacy/security of the main house
Score 3: Informal use or no use at all
Score 5: Active, genuine commercial use by a third party under a formal agreement

Help ?

How to answer:
Think about what the land is actually used for, not what it could be used for. Is it part of your garden, or is it used for business or farming?

Examples:

Score 1: The land is used as a garden, for leisure (e.g., playing, relaxing), or simply to provide privacy/security for the house. This is classic "grounds" use.
Score 3: The land is not really used for anything, or is used informally (e.g., a neighbour grazes a horse without a contract, or it is left wild).
Score 5: The land is subject to a formal, commercial agreement (e.g., rented to a farmer or business, used for a solar farm, or as a car park). There is a contract or evidence of payment.

Tip: If you have a lease, contract, or evidence of business rates, this points to a higher (more commercial) score.
Case law: Suterwalla, How Development

Suterwalla, How Development

2. Layout & Proximity

Score 1: Contiguous with the main garden and feels like a natural extension
Score 3: Adjacent but feels distinct
Score 5: Physically separate (e.g., across a road) with no direct access

Help ?

How to answer:
Look at a map or aerial photo. Is the land directly next to your house and garden, or is it separated by a road, fence, or other feature?

Examples:

Score 1: The land is directly next to the house and garden, with no obvious separation. It looks and feels like part of the property.
Score 3: The land is next to the house but separated by a fence, hedge, or other feature. It feels somewhat distinct, but is still close.
Score 5: The land is physically separated from the house (e.g., across a road, or only accessible by leaving the main property). This is strong evidence against it being "grounds".

Tip: The more separate the land is, the higher the score.
Case law: Suterwalla, How Development

Suterwalla, How Development

3. Accessibility

Score 1: Easily accessible and integrated with the main garden area
Score 3: Access is difficult but possible
Score 5: Completely inaccessible on foot

Help ?

How to answer:
Try walking from your house or garden onto the land. Is it easy, awkward, or impossible?

Examples:

Score 1: You can walk easily from the house/garden onto the land, with no barriers.
Score 3: Access is possible but awkward (e.g., overgrown, steep, or only via a small gate).
Score 5: The land cannot be accessed on foot from the house/garden. You would have to drive or go around a barrier.

Tip: If you can't walk onto the land from your house, score higher.
Case law: How Development

How Development

4. Function & Benefit

Score 1: Provides significant privacy, security, or amenity to the dwelling
Score 3: Benefit is incidental or minor
Score 5: Provides no discernible benefit; use is entirely separate

Help ?

How to answer:
Ask yourself: does the land make your home more private, secure, or pleasant? Or is it just "there" or used for something else entirely?

Examples:

Score 1: The land clearly provides privacy, security, or amenity to the house (e.g., a buffer from neighbours or roads, a landscaped garden).
Score 3: The benefit is minor or incidental (e.g., a bit of extra space, but not essential to the enjoyment of the house).
Score 5: The land provides no benefit to the house; its use is entirely separate (e.g., rented out for business, used for storage by someone else).

Tip: If the land is important for your enjoyment of the house, score lower.
Case law: How Development

How Development

5. Historical Context

Score 1: Always part of the main property's estate
Score 3: History is unknown or mixed
Score 5: Long, documented history of separate ownership and commercial use

Help ?

How to answer:
Look at old sale documents, title deeds, or ask previous owners. Has the land always been part of the main property, or was it once a separate farm or business?

Examples:

Score 1: The land has always been part of the main property, as shown in old sale documents or by previous owners' use.
Score 3: The history is unclear or mixed (sometimes used with the house, sometimes not).
Score 5: The land has a long, documented history of being owned or used separately for business or farming (e.g., old farm records, separate title deeds).

Tip: If you have old documents showing separate use, score higher.
Case law: Suterwalla (by implication), HMRC Guidance

Suterwalla (by implication), HMRC Guidance

6. Legal Factors

Score 1: Same title as house, no significant third-party rights
Score 3: Separate title but no major restrictions, or public footpath
Score 5: Separate title AND significant third-party rights

Help ?

How to answer:
Check your title deeds and legal documents. Is the land on the same legal title as the house? Are there any leases, easements, or rights for others to use the land?

Examples:

Score 1: The land is on the same legal title as the house, with no significant rights for others (e.g., no leases or easements).
Score 3: The land is on a separate title, but there are no major restrictions, or there is a public footpath.
Score 5: The land is on a separate title and subject to significant third-party rights (e.g., a lease or right of way that prevents your use).

Tip: If someone else has a legal right to use the land, score higher.
Case law: Suterwalla, How Development

Suterwalla, How Development

7. Overall Character

Score 1: Ordinary person would describe as "grounds" of the house
Score 3: Borderline
Score 5: Looks/feels like separate commercial/agricultural land

Help ?

How to answer:
Imagine showing the land to a friend or neighbour. Would they say it is part of your garden/grounds, or does it look like a separate field or business property?

Examples:

Score 1: Most people would look at the land and say it is the "grounds" of the house, even if it's large.
Score 3: It's a close call; the land could be seen as either part of the grounds or as a separate field.
Score 5: The land looks and feels like a separate commercial or agricultural property, not part of the house's grounds (e.g., fenced off, used for farming, or has business signage).

Tip: If the land is obviously separate or used for business, score higher.
Case law: Hyman, Suterwalla

Hyman, Suterwalla

Interpreting the Score:

7-14: Strong, arguable case for mixed-use (factors lean non-residential).
15-24: Grey area; outcome uncertain, depends on Tribunal's weighting.
25-35: Weak case for mixed-use; factors suggest land is residential grounds.

This is a guide, not a formula. A very strong '5' on 'Use' could outweigh several '1's elsewhere. Build a narrative around your scores.

Expert Help from the UK’s Leading SDLT Specialist

I’ve personally helped hundreds of people recover overpaid SDLT, including mixed-use claims, derelict properties, and investor reliefs. My advice is grounded in case law, HMRC guidance, and practical insight.

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Use the tools above to explore your case — or email me directly with your query.
Nick Garner – Land Tax Adviser
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I would like to say a big thank you to Nick for his extremely prompt response to my emailed enquiries in relation to both SDLT and LTT including higher rate. The information Nick has provided me with is very helpful and both concise and easy to understand and will allow me to confidently move forward with my personal situation regarding property. I greatly appreciate your time and effort and highly recommend your services, thanks very much again Nick!

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13:29 23 Jul 25

Nick helped us with a very detailed answer in support of our son Ollie's (first time buyer) 'equity share' house purchase, for which his solicitor had mis-calculated a higher rate of SDLT (on the market value rather than the purchase price). We were desperate for a detailed enough proof of calculation to satisfy the legal team and Nick's help has saved us. Our son could not have afforded the higher rate they had miscalculated. His work is invaluable as are the causes he supports

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18:25 13 Jul 25

Nick was a massive help with Stamp Duty issues surrounding stair casing on my flat. My solicitor was certain the remaining percentage purchase of my flat resulted in me paying Stamp Duty of a few thousand pounds.

Nicks professional knowledge and expertise outlined clauses of stamp duty where I was not required to pay stamp duty for stair-casing and based upon remaining percentage being purchased.

This evidence was used to relay back to my solicitor who acknowledged there would be no further action required to pay stamp duty.

This saved me a few thousand pounds.

Nick is highly professional, reliable, takes interest into each clients needs. Would highly recommend and will use in the future.

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14:41 08 Jul 25

I'm absolutely delighted to have found this website and to have been able to speak with Nick !!
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18:30 28 May 25

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08:21 19 May 25

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16:01 16 May 25

Nick is very knowledgeable regarding this field. Not only is he knowledgeable he make it very easy to understand the minefield of stamp duty. Nick has just saved me over £7,000 in stamp duty as its not payable on my planned move. It's easy for a solicitor to say you owe X amount in stamp duty its not their hard earned money being paid out unnecessary. I will never be able to thank Nick enough. My advice is if you think your solicitor has got it wrong seek out Nick. Once again Nick thank-you so much.

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19:27 09 Apr 25

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My wife and I newly moved to the UK and encountered a problem over the eligibility of first time buyer. I contacted Nick over the phone for enquiry. Although I made the enquiry without any payment to Nick, he seriously took my case and eventually gave me very useful information, which greatly helped us to make decisions for the declaration of Stamp Duty. Throughout our communication, we definitely saw and felt Nick's passion and expertise in land tax field and professional comprehension of the law as well as very high efficiency. Seeing the information and explanation of the law given by Nick, we were certain that our simple question did cost Nick quite a bit time and efforts, yet he was all the time very polite. Seeing his true willingness and passion to help, patience, efficiency and expertise in land tax and the law, we truly admire this sage gentleman. Thank you very much Nick for helping us.

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SDLT – Mixed Use Reclaims

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Core Legal Principles from the Case Law

Indicators that Land is NON-RESIDENTIAL (Argues for Mixed-Use)

Indicators that Land IS "Garden or Grounds" (Argues for Residential-Only)

Buildings & Structures

Land

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SDLT – Mixed Use Reclaims

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Mixed-Use Refund Calculator – Discover What You’re Owed

Mixed Use Stamp Duty Land Tax Refund Calculator

Does Your Mixed-use Case Qualify?

Core Legal Principles from the Case Law

Indicators that Land is NON-RESIDENTIAL (Argues for Mixed-Use)

Indicators that Land IS "Garden or Grounds" (Argues for Residential-Only)

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Overpaid SDLT, LTT, or LBTT,
or want to save tax?