March 2015 Budget: key property announcements | Practical Law

March 2015 Budget: key property announcements | Practical Law

An update on the March 2015 Budget proposals affecting property.

March 2015 Budget: key property announcements

Practical Law UK Legal Update 8-602-9809 (Approx. 11 pages)

March 2015 Budget: key property announcements

Published on 18 Mar 2015England, Wales
An update on the March 2015 Budget proposals affecting property.

Speedread

On 18 March 2015, the Chancellor of the Exchequer, George Osborne, delivered the March 2015 Budget.
Given that the General Election on 7 May 2015 is fast approaching, George Osborne has delivered a budget that will appeal to that part of the demographic which would usually vote Conservative. And who can blame him.
As far as the property industry is concerned, the main announcement of interest was the government’s commitment to the long-promised review of business rates. The property industry has been lobbying the government for some time on this issue and its crippling effect on businesses in England and Wales continues to hinder economic recovery.
The Help to Buy: ISA is another step in the right direction for those looking to get on the housing ladder but one wonders how much it will really help when, in certain parts of the country, the rise in property prices continues to outstrip wages. The government’s attempts to tackle the housing supply shortage are welcome but more still needs to be done. Whichever party gets into office following the General Election needs to get to grips with this issue and initiate a comprehensive programme of measures to address the situation, particularly in London where living rooms in properties are frequently being converted into bedrooms.
The government continues to tweak around the edges of the planning system. However, its proposed reform of the CPO procedure will interest those advising on property development.
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March 2015 Budget

On 18 March 2015, the Chancellor of the Exchequer, George Osborne, delivered the March 2015 Budget.
This update analyses the key implications for the property industry. For an analysis of other aspects of the March 2015 Budget, see Further reading.
Given that the General Election on 7 May 2015 is fast approaching, George Osborne has delivered a budget that will appeal to that part of the demographic which would usually vote Conservative. And who can blame him.
As far as the property industry is concerned, the main announcement of interest was the government’s commitment to the long-promised review of business rates. The property industry has been lobbying the government for some time on this issue and its crippling effect on businesses in England and Wales continues to hinder economic recovery.
The Help to Buy: ISA is another step in the right direction for those looking to get on the housing ladder but one wonders how much it will really help when, in certain parts of the country, the rise in property prices continues to outstrip wages. The government’s attempts to tackle the housing supply shortage are welcome but more still needs to be done. Whichever party gets into office following the General Election needs to get to grips with this issue and initiate a comprehensive programme of measures to address the situation, particularly in London where living rooms in properties are frequently being converted into bedrooms.
The government continues to tweak around the edges of the planning system. However, its proposed reform of the compulsory purchase order (CPO) procedure will interest those advising on property development.

Defined terms

The following defined terms are used in this update:

Business rates

Long-term review

As announced in the 2014 Autumn Statement, the government is conducting a broad, structural review of business rates to ensure that they are suitable for a 21st century economy. A consultation paper, Business rates review: terms of reference and discussion paper, was published on 16 March 2015. For more information see Legal update, HM Treasury publishes consultation paper on business rates review.
(Budget Report, paragraphs 1.103, 1.110 and 2.181.)

Pilot schemes

To encourage business growth, the government has announced pilot schemes enabling the selected pilot areas to retain 100% of business rates growth that exceeds the expected forecasts. The pilot schemes will run in Cambridgeshire, Peterborough, Greater Manchester and Cheshire East and will begin in April 2015.
(Budget Report, paragraphs 1.111 and 2.28.)

Local newspaper relief

Recognising the importance of local newspapers to the communities they serve, the government intends to consult on whether to introduce business rates relief for local newspapers in England.
(Budget Report, paragraphs 1.114 and 2.182.)

Discretionary powers for local authorities

Local authorities have a discretion to grant business rates relief in certain situations (section 47, Local Government Finance Act 1988 as amended by section 69 of the Localism Act 2011). As part of the initiatives to support the 'sharing economy' (enabling individuals and businesses to make the most of their assets, resources, time and skills), the government is encouraging local authorities to use these business rates discretionary relief powers for shared workspaces and makerspaces.
(Budget Report, paragraphs 1.193 and 2.240.)

Enterprise zones

The government has made the following announcements about enterprise zones:
  • Subject to business cases, the government intends to create new enterprise zones at Blackpool and Plymouth.
  • The enterprise zones at Mersey Waters, MIRA, Humber, Manchester, Tees Valley (Prairie), Oxford Science Vale and Discovery Park will be extended.
  • The designation of two sites in the Leeds enterprise zone will be changed to include enhanced capital allowances.
Subject to certain conditions, from April 2015 to March 2020, businesses in the following enterprise zones will be able to claim 100% enhanced capital allowances on qualifying expenditure:
  • Tees Valley (Prairie).
  • Leeds.
  • Plymouth.
  • Blackpool.
(Budget Report, paragraphs 1.156, 1.169, 1.175 and 2.30.)

Flooding

Tax relief for contributions to flood defence projects

As announced in the 2014 Autumn Statement, from 1 January 2015, business contributions (which include cash and services) to flood and coastal erosion risk management (FCERM) projects will be fully deductible for corporation tax and income tax purposes. For background to this measure, see Legal update, 2014 Autumn Statement: business tax implications: Tax relief for contributions to flood defence projects.
However, the draft legislation, which was published on 10 December 2014 (see Legal update, Draft Finance Bill 2015 legislation: key business tax measures: Tax relief for contributions to flood defence), will be amended to expand the exceptions to a "disqualifying benefit", the receipt of which will result in a deduction for the contribution being denied.
This measure will be included in the first (pre-general election) Finance Bill of 2015 due to be published on 24 March 2015 (see Legal update, Finance Bill 2015 to be published on 24 March).
(See Overview of Tax Legislation and Rates 2015, paragraph 1.9.)

Flood defence spend

The government will bring forward some of the flood defence spending which it announced in December 2014. It has also added additional schemes to the list of those which will receive government funding (in whole or part). There is no increase in the overall budget of £2.3 billion.
It is difficult to correlate the list of accelerated projects against the original December 2014 list (for more details of the December proposals, see Legal update, Flood defence projects to receive government funding). In many cases the government contribution is less than the full project cost, which suggests that the project can only progress if top up finance is available from other sources (perhaps the local authority, industry or private homeowners). Buyers or prospective tenants of properties in the areas which will be protected by these projects may be reassured that the intention is to reduce their flood risk more quickly but should make further enquiries to identify the precise timetable.
The government has also issued a revised version of the Environment Agency Long Term Investment Scenarios to reflect the acceleration proposals.
(Budget Report, paragraph 1.164.)

Government property

The government will implement a new commercially-driven approach to property asset management across the central government estate, based on departments paying market-level rents for the freehold assets they own. A new central body (or bodies) will own and manage relevant property assets. The reform will be operational from March 2017.
The Ministry of Defence will introduce a similar charging mechanism within its existing estate management organisation. Appropriate charging principles will also be developed for the Foreign and Commonwealth Office’s overseas estate.
(Budget Report, paragraphs 1.84 and 1.85.)

Housing

Help to Buy: ISA

The government has announced the Help to Buy: ISA. First-time buyers who choose to save through a Help to Buy: ISA will receive a government bonus, which will be calculated and paid when they buy their first home.
The government bonus:
  • Will only be made available for home purchase.
  • Can only be put toward homes worth a maximum of £450,000 in London and £250,000 in other areas of the UK.
  • Can only be used towards a property that is the first-time buyer's only residence, not buy-to-let.
The maximum government contribution is capped at £3,000 on £12,000 of savings. The maximum monthly saving is £200. The bonus will represent 25% of the amount saved, so the government will provide a £50 bonus for every £200 saved.
Accounts are limited to one per person rather than one per home, so those buying together can both receive a bonus. Savers will have access to their own money and will be able to withdraw funds from their account if they need them for another purpose.
Accounts can be opened through banks and building societies for a period of four years from the start date of the scheme. The government intends the scheme to be available from autumn 2015. The operational details will be finalised following discussions with industry.
(Budget Report, paragraphs 1.228 and 2.80 and HM Treasury: Help to Buy: ISA: scheme outline (March 2015).)

House building

The March 2015 Budget sets out further information on the government's commitment to house building. The government has announced that it:
  • Continues to work with the Greater London Authority, London Borough of Barking and Dagenham, and developers to unlock Barking Riverside, to support the construction of up to 11,000 homes.
  • Will (subject to a business case) provide £7 million funding from 2015-16 to 2019-20 to the Greater London Authority to support the delivery of the Croydon Growth Zone, which could unlock over 4,000 homes.
  • Will provide £97 million of funding and will ring-fence the local 50% share of business rate growth to support the London Borough of Barnet and the Greater London Authority's plans for the regeneration of Brent Cross, unlocking 7,500 new homes.
  • Expects that the urban development corporation, established to deliver the new garden city at Ebbsfleet, will be operational from April 2015. The government will shortly consult on a specification to deliver a master-plan for the Ebbsfleet development.
  • Is announcing the first 20 housing zones outside London with the potential to deliver 34,000 homes, and will continue to work with eight other potential housing zones. In total, these zones could support up to 45,000 new homes.
  • Has sold enough surplus public sector land to build over 100,000 new homes and is committed to releasing land with the capacity for up to 150,000 homes between 2015-20.
  • Intends to create a joint venture with a private sector partner to lead development at Northstowe.
  • Supports Bicester's ambitions to become a garden town, and will make capacity funding available to support its proposals.
  • Will provide capacity funding to Basingstoke and North Northants to support their proposals for development on garden town principles.
(Budget Report, paragraphs 1.137, 1.139-1.141, 1.171, 2.31, 2.33 and 2.54-2.59.)

Mortgage fees

The Council of Mortgage Lenders and Which? have published their interim report on mortgage lenders’ plans to standardise and improve the transparency of their fees and charges.
The government expects most lenders to have made the necessary changes by the end of 2015.
(Budget Report, paragraph 2.221.)

Residential lettings and sharing space

The government has announced its intention to make it easier for an individual to sub-let a room in private residential rented accommodation by:
  • Amending its model agreement for an assured shorthold tenancy by summer 2015, to provide that tenants in private rented accommodation can request their landlord's permission to sub-let or share space on a short-term basis.
  • Looking to clarify and strengthen the legal responsibilities of a private residential landlord when considering a tenant's request to sub-let, and extend those responsibilities to a tenant's request to share space.
  • Legislating to prevent the use of clauses in private fixed-term residential tenancy agreements that prohibit sub-letting or sharing space on a short-term basis. The government will consider extending this prohibition to statutory periodic tenancies.
(Budget Report, paragraphs 1.193 and 2.233-2.235.)

Infrastructure

Transport

East

The government will provide £4 million to New Anglia Local Enterprise Partnership for further development work on the Ipswich Wet Dock Crossing and Lowestoft Third River Crossing.
(Budget Report, paragraph 2.44.)

London

In February 2015, the government announced the launch of the London Land Commission (LLC). The LLC will:
  • Produce a comprehensive database of public sector land.
  • Map brownfield land in London.
The government has announced £1 million funding to allow the LLC to carry out its functions and is agreeing the terms of reference on the LLC between the Greater London Authority and the government.
(Budget Report, paragraph 2.49.)
The government will provide a further £34 million to support delivery of the Croxley rail link project to extend the Metropolitan Line on the London Underground to Watford Junction on the West Coast Main Line. This is subject to a contribution of £16 million from Transport for London and final approval of the scheme.
(Budget Report, paragraph 2.52.)

Midlands

The government will fund a High Speed Rail Investment Summit in Birmingham. The summit will be delivered jointly by UK Trade and Investment and Marketing Birmingham and will focus overseas investment to the UK on regeneration and supply chain opportunities created by High Speed 2 (HS2).
(Budget Report, paragraphs 1.160 and 2.40.)

The North

In October 2014, the government announced plans to proceed with a third high speed link, HS3, to reduce journey times across the northern regions. The government has created Transport for the North (TfN) which will draw up a comprehensive northern transport strategy. TfN will shortly publish an interim report. The report will set out the strategic options for future transport investment in the north.
(Budget Report, paragraphs 1.150 and 2.243.)
Subject to an acceptable contribution from Hull Trains and a business case, the government will proceed with electrification of the Selby to Hull line to complete the full electrification of the route.
(Budget Report, paragraph 1.150.)

South East

The government will provide £100,000 for a further study into reopening the Lewes to Uckfield rail line.
(Budget Report, paragraph 2.53.)

South West

The government has already committed £7.2 billion to transport infrastructure in the South West. This includes:
  • £2 billion on upgrading key roads.
  • A tunnel at Stonehenge.
  • Electrification of the Great Western Main Line.
In January 2015, the Chancellor announced a new South West Peninsula Rail Task Force (SWPRTF) to bring forward proposals for strategic and local rail schemes.
The government:
  • Will shortly set out details of the new franchise for the Great Western Route. This will introduce the new £3 billion Intercity Express trains, more frequent services and faster journey times (Budget Report, paragraph 1.167).
  • Has asked the SWPRTF to consider improvements to the Exeter to Salisbury line (Budget Report, paragraph 1.168).
  • Encourages relevant local authorities and Local Enterprise Partnership to develop a business case for investment in the North Devon Link road to form the basis of a future application to the Local Growth Fund (Budget Report, paragraph 1.168).
  • Will shortly agree a Direct Award with First Great Western until 2019. This is subject to negotiation. It will introduce the new Intercity Express Trains and improve rail services across the South West (Budget Report, paragraph 2.45).

Highways England Delivery Plan

Before the end of this Parliament, Highways England will publish a Delivery Plan providing further details about the roads investment programme from 2015-20.
(Budget Report, paragraph 2.245.)
Part I of the Infrastructure Act 2015 (IA 2015) provides for one or more government owned companies (strategic highways company (SHC)) to be appointed as highway authority for the purpose of managing strategic roads in place of the Highways Agency. The Secretary of State for Transport has appointed Highways England as the new strategic highways company to run motorways and major A roads from 1 April 2015. For more information, see Legal update, Appointment of the strategic highways company.

Church Roof Repair Fund

In the 2014 Autumn Statement, the government announced £15 million for a new Listed Places of Worship: Roof Repair Fund. The government will now provide a further £40 million to this fund to support vital roof repairs in 2015-17.
(Budget Report, paragraph 2.291.)

Planning reform

The planning system in the UK is still considered to be cumbersome, expensive and bureaucratic. To address these issues the government is continuing with a number of measures to improve and streamline the planning system.

Devolving powers to the Mayor of London

To reduce planning delays, the government will consult on devolving planning powers over sightlines and wharves to the Mayor of London to accelerate the provision of new homes.
(Budget Report, paragraphs 1.173 and 2.50.)

Renting out car parking spaces

The government will update its planning guidance to clarify that it should be possible for owners of non-residential properties to rent out their existing parking spaces without requiring planning permission, provided there are no substantive planning concerns.
(Budget Report, paragraph 2.239.)

Deep geothermal planning

In the next Parliament, the government proposes to consult on bringing planning notification arrangements for deep geothermal planning in line with those for onshore oil and gas planning applications. This will mean that geothermal companies will not have to notify landowners individually about planning applications to undertake geothermal activities beneath their land.
(Budget Report, paragraph 2.256.)

Compulsory purchase

Compulsory purchase is a legal function that allows certain public bodies to acquire land, for a specific purpose, if the landowner is not willing to sell by agreement. While it might be possible to acquire land for small-scale projects by agreement, site assembly for major schemes will usually mean the parties need to consider using compulsory purchase powers.
For a guide to Practical Law Property’s materials on compulsory purchase, see Compulsory purchase orders: toolkit.
The March 2015 Budget launches a consultation into Improving the compulsory purchase process to make it clearer, faster and fairer for all parties. Its aim is to bring forward more brownfield land for development. The consultation closes on 9 June 2015.
The government has also published updated, draft guidance on Compulsory purchase process and the Crichel Down rules to reflect legislative changes and case law since 2004. The government welcomes comments on the draft guidance in terms of its format and content by 9 June 2015.
(Budget Report, paragraphs 1.142 and 2.247.)

Rural and agricultural land

Income tax: support for farmers

The government will increase support to farmers by increasing the period over which they can average their profits for income tax from two to five years from April 2016. This new flexibility recognises that uncontrollable factors, such as the weather and global commodity prices, lead to volatile profits for farmers, making it difficult to plan for the future. A consultation on how the averaging will be implemented will be held later in 2015, and the measure will be enacted in (post-election) Finance Bill.
(Budget Report, paragraph 1.118.)

Rural fuel rebate scheme extension

The government will extend the rural fuel duty rebate scheme to 17 areas of the UK mainland, following the approval of the extension of the scheme by the Council of the European Union. From 1 April 2015 retailers in eligible areas can register for a five pence per litre fuel duty discount. The scheme recognises that motorists in some rural areas pay high pump prices in comparison to the rest of the UK.
(Budget Report, paragraphs 1.218 and 2.157.)

Rural broadband

The government will also take further action to support the delivery of broadband in rural areas, including looking to raise the Universal Service Obligation, the legal entitlement to a basic service, from dial-up speeds to 5 Mbps broadband, and subsidising the costs of installing superfast capable satellite services.
For details on rural broadband speeds, see Legal update, Ofcom publishes eleventh report on broadband speeds.
(Budget Report, paragraph 1.123.)

New fund for Local Enterprise Partnership supported forestry schemes

The government has announced a £1 million fund to support Local Enterprise schemes that promote growth in the forestry industry. This is following the success of the industry led initiative Roots to Prosperity, where the forestry industry, Local Authorities and LEPs collaborated to support growth and job opportunities in the forestry sector in the North of England.
(Budget Report, paragraph 2.257.)

Further reading

For more information on the key March 2015 Budget announcements, see legal updates: