2015 Autumn Statement and Spending Review: key property announcements | Practical Law

2015 Autumn Statement and Spending Review: key property announcements | Practical Law

On 25 November 2015, the Chancellor of the Exchequer, George Osborne, delivered the Autumn Statement. This update summarises the key property implications.

2015 Autumn Statement and Spending Review: key property announcements

Practical Law UK Legal Update 7-620-2791 (Approx. 12 pages)

2015 Autumn Statement and Spending Review: key property announcements

Published on 25 Nov 2015England, Wales
On 25 November 2015, the Chancellor of the Exchequer, George Osborne, delivered the Autumn Statement. This update summarises the key property implications.

Speedread

On 25 November 2015, the Chancellor of the Exchequer, George Osborne, delivered the Autumn Statement and Spending Review, no doubt surprising the police who had expected cuts to the police budget, and low-paid families who had similarly expected the abolition of tax credits in April 2016.
A number of government departments will have to find double-digit savings in their running costs, and the government will continue to sell its assets, centralising ownership of its estate and at the same time charging central government departments market level rent for assets.
From a property perspective, property lawyers are most likely to be disappointed by the government's statement that it will re-open the debate about the privatisation of the Land Registry. Given that this has been widely reported in the press, it will be no surprise. However, it is disappointing, particularly as it met with significant opposition when the issue arose during the coalition government's tenure.
The government has continued to attempt to tackle the lack of housing, particularly low cost housing. Prioritising housing in London has long been on the agenda and it is good to see that the government is funding starter homes and a new London Help to Buy. Londoners with a 5% deposit will be able to get an interest-free loan worth up to 40% of the value of a newly-built home. Whether this creates a property "bubble" in London remains to be seen.
Having already struck at the buy-to-let sector with recent changes to mortgage interest tax relief and the annual wear and tear allowance, the Chancellor has continued his offensive, stating that "people buying a home to let should not be squeezing out families who cannot afford a home to buy". Those buying second homes will also be affected.
  • From 1 April 2016, those in England and Wales will have to pay a 3% surcharge on each stamp duty band.
  • Capital Gains Tax (CGT) on residential property will have to be paid within 30 days of any taxable house sale from April 2019.
This could result in a rush to buy property before the changes take effect, and there are some concerns that this initiative could force an unwelcome increase in rent. It is unlikely to see investors offloading already acquired properties.

2015 Autumn Statement and Spending Review

On 25 November 2015, the Chancellor of the Exchequer, George Osborne, delivered the Autumn Statement and Spending Review.
This update analyses the key implications for the property industry. For an analysis of other aspects of the 2015 Autumn Statement and Spending Review, see box, Further reading.

Defined terms

The following defined terms are used in this update:

Housing

The government is doubling the housing budget to over £2 billion per year. 400,000 affordable new homes are planned by the end of the decade in what the Chancellor described as "the biggest house building programme by any government since the 1970s".

House building

The government confirmed that major steps have already been taken to boost housing supply and reform planning with the introduction into Parliament of the Housing and Planning Bill (see Legal update, Housing and Planning Bill 2015-16 introduced into Parliament: property and planning aspects). It also confirmed its commitment to increase the supply of housing by:
  • Reforming the planning system to free up land for houses. This includes establishing a new delivery test for local authorities to ensure they deliver against the number of homes set out in the local plan, within a reasonable time period.
  • Supporting the availability of appropriate land for housing, including releasing public sector land with capacity for up to 160,000 homes.
  • Ensuring the release of unused and previously undeveloped commercial, retail and industrial land for Starter Homes.
  • Supporting the regeneration of previously developed brownfield sites in the greenbelt by allowing them to be developed in the same way as other brownfield land, provided the proposed development includes Starter Homes. This will be subject to local consultation.
  • Backing Small and Medium-sized Enterprise (SME) house builders by amending planning policy to support small sites and halving the length of the planning guarantee for minor developments.
  • Offering £2.3 billion in loans to help regenerate large council estates and invest in infrastructure needed for major housing development.
  • Investing £310 million to deliver the first new garden city at Ebbsfleet. This is part of a wider £700 million programme of regeneration at Barking Riverside, Brent Cross, Northstowe and Bicester Garden Town. This will support the construction of up to 60,000 new homes.
  • Ensuring that local communities can allocate land for housing through neighbourhood plans, even if the land is not allocated for housing in the local plan.
(Autumn Statement and Spending Review 2015, paragraphs 1.146, 1.156 and 3.105-108.)
(Autumn Statement and Spending Review 2015, paragraph 1.156.)

New Homes Bonus

The government has announced that it will consult on reforms to the New Homes Bonus (a government incentive that gives local authorities money for the new homes they build). The reforms will be included as part of the consultation on the local government finance settlement and include proposals to sharpen the incentive to reward communities for additional homes and reduce the length of payments from six years to four years.
(Autumn Statement and Spending Review 2015, paragraph 1.242.)

Starter Homes

The government has reaffirmed its commitment to Starter Homes by announcing that 200,000 such homes will be built over the next five years. A £2.3 million fund will support the delivery of up to 60,000 Starter Homes, in addition to those delivered through reform of the planning system.
Essentially, Starter Homes are new build homes open to purchase by first-time buyers under 40, at 20% off the market price. For background information on Starter Homes, see Legal update, DCLG guidance on Starter Homes exception site planning policy. The Starter Homes initiative was launched in December 2014 and the Housing and Planning Bill 2015-16 includes provisions to promote the supply of Starter Homes. For more information, see Legal updates, A 20% discount for first time buyers of new homes and Housing and Planning Bill 2015-16 introduced into Parliament: property and planning aspects.
(Autumn Statement and Spending Review 2015, paragraphs 1.146 and 2.111 and HM Treasury and DCLG: Help to Buy: new announcements (25 November 2015).)

Help to Buy: Shared Ownership

The government has announced a new Help to Buy: Shared Ownership scheme for 135,000 homes. Shared ownership allows a buyer to acquire a share of a property and pay rent on the remaining share. The shared owner can then buy additional shares over time if they can afford to do so.
The scheme will apply across England and be open to households with an income of less than £80,000 outside London, and £90,000 inside London. It will be possible to buy a share between 25% and 75% of a home and the rent on the rest of the property will not be more than 3% of the amount left. Many of the restrictions on shared ownership, such as who can buy them, who can build them and who they can be sold on to, will be removed.

London Help to Buy scheme

In recognition of the higher housing costs in the capital, the government has announced that it will create a London Help to Buy scheme. The new scheme will be available from early 2016.
Currently, Help to Buy Equity Loans are available for new build homes in England with a purchase price up to £600,000. Under the current scheme, the government provides a 20% equity loan to buyers who have at least a 5% deposit. This means that buyers need a mortgage of up to 75% of the value of their new home.
The new London Help to Buy scheme will offer buyers who have a 5% deposit an equity loan of up to 40%. The loan will be interest-free for five years (Autumn Statement and Spending Review 2015, paragraphs 1.146, 1.272 and 2.111). This will mean that buyers will need a mortgage of up to 55% of the value of their new home.

Right to Buy

The Right to Buy will be extended to Housing Association tenants. This extension was a commitment in the Conservative party's 2015 manifesto.
A pilot of the extended Right to Buy scheme will be launched with five Housing Associations. This means that from midnight on 25 November 2015, tenants of these Housing Associations will be able to start the process of buying their own home.
The extension of the Right to Buy scheme initially met with considerable opposition from Housing Associations. The government reached an agreement with Housing Associations and the National Housing Federation on this issue on 7 October 2015. For more information, see Practice note, Right to buy: the process: Extending the right to buy to housing association tenants.
(Autumn Statement and Spending Review 2015, paragraphs 1.146, 2.111 and 3.112 and HM Treasury: Chancellor George Osborne's Spending Review and Autumn Statement 2015 speech (25 November 2015).)

Rent to Buy homes and specialist homes for older people and those with disabilities

The government has announced that it will provide 10,000 Rent to Buy homes, which will allow a tenant to save for a deposit while they rent. The 2015 Autumn Statement and Spending Review does not provide any further detail, although it has been reported in the press that tenants will be able to live in a Rent to Buy home for five years at a reduced rent while they save for a deposit. They will then have "first right" to buy the home.
The 2015 Autumn Statement and Spending Review also provides for the delivery of at least 8,000 specialist homes for older people or those with disabilities.
(Autumn Statement and Spending Review 2015, paragraphs 1.146 and 2.111.)

Mortgage fees

The government remains committed to improving the transparency of mortgage fees, making it easier for borrowers to choose the best mortgage deals. The government welcomed the industry's announcement that it was committing to several important actions including making the presentation and definition of mortgage fees standard across the industry.
These actions are key recommendations in the report published today by Which? and the Council of Mortgage Lenders which was requested by the government in the 2014 Autumn Statement. For further details, see Legal update, CML and Which final report on mortgage fees and charges transparency review.
(Autumn Statement and Spending Review 2015, paragraph 1.148.)

Asset management

The government has re-stated its commitment to release surplus assets to drive economic growth and release land for housing.

Central government estate

Central government departments have agreed to release an additional £4.5 billion worth of surplus land and property assets which will contribute towards the government's target of £5 billion of receipts by 2020.
The government has previously committed to releasing enough land, by 2020, to build 150,000 homes (see Legal update, March 2015 Budget: key property announcements: Housing). It has now announced that departments have committed to sell land for more than 160,000 homes. In addition:
  • The Greater London Authority is in the process of disposing of land for a further 5,000 homes.
  • The government will set the contribution that local authorities can make by way of land disposals by the Budget.
  • The Crown Estate also anticipates selling land over the Parliament that could deliver a further 2,500 homes.
  • The Department for Work and Pensions will reduce its estate footprint by 20% and seek greater co-operation with local authorities, to improve delivery of benefit and reduce costs.
  • HMRC will also move from 170 offices to 13 large, modern regional centres over the next five years.
The government will transform its approach to land and property asset management. It will centralise ownership of its estate and charge departments market-level rents for freehold assets that they currently own. The new model will be operational by March 2017, subject to legislative requirements, and all relevant central government land and property will be transferred to the new central body by the end of this Parliament.
Liz Peace, the former Chief Executive Officer at the British Property Federation, has been appointed as shadow chair to lead the implementation of the new body. The first assets transferred into the body will include freehold offices, warehouses, storage and depot properties (and leaseholds where appropriate).
The Ministry of Defence and the Foreign & Commonwealth Office overseas estate will be subject to the same charging regimes which will be introduced in the same timescale.
The government is seeking up to a further £5 billion of corporate and financial asset sales by March 2020 including allowing Network Rail to sell assets and re-invest the proceeds in rail infrastructure.

Land Registry

As part of its drive to generate £5 billion from asset sales by March 2020, the government has announced that it is re-opening the debate about the future of the Land Registry.
The government is consulting on options to move operations of the Land Registry to the private sector from 2017 (this is a u-turn from the coalition government's stance when that government confirmed that the Land Registry would not be privatised. See Legal update, Government confirms that the Land Registry will not be privatised in the foreseeable future).
(Autumn Statement and Spending Review 2015, paragraphs 1.296-1.303.)

Stamp Duty Land Tax (SDLT)

Surcharge on "additional" residential properties

The 2015 Autumn Statement and Spending Review announced various measures related to problems in housing availability.
As part of these measures, the government announced a surcharge of 3% on Stamp Duty Land Tax (SDLT) in respect of purchases of "additional residential properties", such as buy-to-let properties and second homes, with a value above £40,000. This will apply from 1 April 2016.
The additional SDLT will not be payable for caravans, mobile homes or houseboats. The surcharge will also not apply to "corporates or funds making significant investments in residential property", because of the importance of such investment to the government's housing policies. The proposal may require residential buyers to certify if the property they are acquiring will be their primary residence.
The government intends to consult on the detail of the surcharge including whether corporate entities and funds owning more than 15 residential properties should be exempt. The government has stated that it will use some of the additional tax collected to provide £60 million for communities in England where the impact of second homes is particularly acute and also to help towards increasing the affordable housing budget.
(Autumn Statement and Spending Review 2015, paragraph 3.70 and Policy costings.)

Authorised property funds

The government has announced that it will introduce a seeding relief for Property Authorised Investment Funds (PAIFs) and Co-ownership Authorised Contractual Schemes (CoACSs) and that it will also alter the SDLT treatment of CoACSs investing in property so that SDLT does not arise on the transactions in units. The government sought views on these issues in 2014, and has previously indicated its commitment to introducing seeding relief, see Practice note, Property authorised investment funds: tax: Acquisitions of properties by PAIFs.
The government's proposals are that there will be a defined seeding period of 18 months, a three year clawback mechanism and a portfolio test for qualification that requires at least a £100 million value and either 100 residential properties or ten non-residential properties.
These changes will take effect from the date the Finance Bill 2016 receives Royal Assent.
(Autumn Statement and Spending Review 2015, paragraph 3.71.)

Changes to the filing and payment process

The government intends to consult on changes to the SDLT filing and payment process in 2016, with the intention of making it easier and quicker to file SDLT returns and pay any tax due. The government proposes to reduce the time for filing and payment from 30 days to 14 days, in the light of the improved process. The proposed changes would come into effect in 2017-18.
(Autumn Statement and Spending Review 2015, paragraph 3.72.)

Reliefs from the 15% rate of SDLT

The 15% higher rate of SDLT that applies on "enveloping" high value residential properties is subject to a number of reliefs that apply to certain types of genuine commercial transaction. For more information, see Practice note, SDLT: 15% rate on enveloping high-value residential property: Reliefs from 15% rate.
The government has announced that it will extend these reliefs from 1 April 2016, so that they will also cover the following commercial transactions:
  • Equity release schemes (home reversion plans).
  • Property development activities.
  • Properties occupied by employees.
(Autumn Statement and Spending Review 2015, paragraph 3.73.)

Capital Gains Tax (CGT)

CGT for non-UK residents disposing of UK residential property

The government has announced a number of changes to the regime that applies Capital Gains Tax (CGT) to non-UK residents on a disposal of residential property in the UK. The provisions making these changes will be included in the Finance Bill 2016. For more information on the regime, see Practice note, Capital gains tax: disposals of UK residential property by non-residents.
The proposed reforms include amending the CGT computations required on such disposals by "removing with retrospective effect from 6 April 2015 a double charge that occurs in some circumstances and correcting an omission with effect from 25 November 2015". There is no further detail on these changes.
The government also intends to give HMRC powers to prescribe circumstances in which a CGT return will not be required from non-UK residents and to add CGT to the list of taxes that the government may collect on a provisional basis. No date was given for when these changes will come into force.
(Autumn Statement and Spending Review 2015, paragraph 3.75.)

CGT payment window

The government has announced that from April 2019, a payment on account of any CGT due on the disposal of residential property must be made within 30 days of completion. Currently, CGT due on residential property is paid between 10 and 22 months after completion. This is out of step with the position for other taxpayers, such as those paying income tax through the Pay As You Earn (PAYE) system. This delay can also cause problems where a taxpayer forgets to pay, or no longer has sufficient funds to cover the tax charge.
This new measure will not affect gains on properties which qualify for Private Residence Relief (and are therefore not subject to CGT). The government will publish draft legislation for consultation in 2016.
(Autumn Statement and Spending Review 2015, paragraphs 1.290 and 3.76.)

Annual tax on enveloped dwellings (ATED)

The Annual Tax on Enveloped Dwellings (ATED) is subject to a number of reliefs that apply to certain types of genuine commercial transaction. For more information, see Practice note, Annual tax on enveloped dwellings (ATED): Reliefs.
The government has announced that it will extend these reliefs from 1 April 2016, so that they will also cover the following commercial transactions:
  • Equity release schemes (home reversion plans).
  • Property development activities.
  • Properties occupied by employees.
(Autumn Statement and Spending Review 2015, paragraph 3.73.)

Business rates

Small Business Rates Relief

Small Business Rates Relief (SBRR) provides 50% business rates relief for eligible businesses, based on the rateable value of their premises.
For some years, SBRR has been doubled for eligible businesses occupying premises with a rateable value of £6,000 or less, meaning they have 100% relief. Businesses occupying properties with a rateable value of between £6,001 and £12,000 receive tapered relief based on that value, with the relief diminishing as the rateable value increases.
This temporary increase in the level of SBRR was due to end on 31 March 2016, but it has once again been extended and will now apply until 31 March 2017.
(Autumn Statement and Spending Review 2015, paragraph 3.74.)

Transport and infrastructure

Regional devolution

Following the devolution agreement with Greater Manchester, the government has confirmed that further devolution agreements have been reached with civic leaders in the Sheffield City Region, the North East, Tees Valley, Liverpool City Region and the West Midlands. These agreements give local areas control over major budgets and responsibilities and create directly elected mayors.
The government will:
  • Work towards further devolution deals with other major city regions (Autumn Statement and Spending Review 2015, paragraphs 1.248 and 2.122).
  • Progress the devolution of powers to Greater Manchester. This includes giving the Greater Manchester Mayor the power to introduce a Community Infrastructure Levy (Autumn Statement and Spending Review 2015, paragraph 1.249).
  • Continue to devolve significant transport powers to Mayor-led city regions (including Greater Manchester, Sheffield City Region, Liverpool City Region, the North East, Tees Valley and the West Midlands) (Autumn Statement and Spending Review 2015, paragraph 2.92).

Transport

The government will:
  • Provide £475 million over the next five years to a new Local Majors Fund to fund large local transport projects. Local areas will be able to apply for funding for projects that would be too expensive for them to pay for by themselves (such as the North Devon Link Road, the A391 in Cornwall, the Lowestoft Third River Crossing and the Ipswich Wet Dock Crossing) (Autumn Statement and Spending Review 2015, paragraphs 1.199, 1.270, 2.82 and 2.86).
  • Provide £300 million over the next five years for a new Transport Development Fund to fund the next generation of transport infrastructure projects. Subject to advice from the National Infrastructure Commission at the 2016 Budget, this could include providing development funding for projects such as Crossrail 2 and Northern Transport Strategy proposals (Autumn Statement and Spending Review 2015, paragraphs 1.200, 2.82 and 2.86).

Roads

The government has confirmed that:
  • It will spend £13.4 billion to continue to deliver the Roads Investment Strategy. This will include resurfacing over 80% of the strategic road network and delivering over 1,300 miles of additional lanes.
  • From 2020-21, roads investment will be funded by a new Roads Fund paid for directly from the revenues of Vehicle Excise Duty (Autumn Statement and Spending Review 2015, paragraphs 1.195, 1.196 and 2.84). A second Roads Investment Strategy will be published before the end of this Parliament setting out how the Roads Fund will be invested (Autumn Statement and Spending Review 2015, paragraph 1.196).
  • It will provide £250 million over the next five years to tackle potholes in local roads (Autumn Statement and Spending Review 2015, paragraph 1.197).

Railways

The government confirmed that it will:
  • Deliver its commitment to freeze regulated rail fares at no more than inflation (RPI) for the entire Parliament. In addition, the government will:
    • introduce flexible season tickets;
    • ensure access to compensation for rail passengers if trains are over 15 minutes late; and
    • improve Wi-Fi and mobile connectivity on trains.
    (Autumn Statement and Spending Review 2015, paragraphs 1.198 and 2.82.)
  • Commence construction of High Speed 2 (HS2) during this Parliament and support local HS2 Growth Strategies to ensure that areas benefit as much as possible from HS2, enabling regeneration around stations and improvement of connections to HS2 stations. This includes support for development around the new HS2 stations at Old Oak Common and Birmingham Curzon Street (Autumn Statement and Spending Review 2015, paragraphs 1.195, 1.252, 2.82 and 2.85).

Transport for the North

The government has announced that it will spend £13 billion on transport in the North over this Parliament and will:
  • Provide £150 million to support the delivery of smart and integrated ticketing across local transport and rail services in the North. Transport for the North (TfN) will produce a regional implementation plan by the 2016 Budget.
  • Extend the July 2015 Budget commitment to fund the operation of TfN. The government has now committed a total of £50 million to fund TfN over this Parliament.
  • Support the forthcoming publication of an interim report on TfN's progress over the last six months.
  • Provide £7 million through the Regional Air Connectivity Fund to support new air routes. These will include new routes from:
    • Newcastle to Norwich;
    • Dublin and Southend; and
    • Leeds Bradford to Newquay.
(Autumn Statement and Spending Review 2015, paragraph 1.254.)

Flooding

The 2015 Autumn Statement makes no change to the capital budget for investment in flood defences. This remains at £2.3 billion. For more details on that budget, see Legal update, Flood defence projects to receive government funding.
However, the Department of Environment, Food and Rural Affairs (Defra) has agreed to achieve, over the period to April 2020, a 15% reduction in real terms in their current day to day budget. They claim that this will be generated by departmental efficiencies and that the current budget for maintenance of existing flood defences will not be cut. This suggests that the savings will largely affect other aspects of Defra’s work. No details are given of the current expenditure on flood defence maintenance.
(Autumn Statement and Spending Review 2015, paragraph 2.151.)

Enterprise Zones

The government aims to support growth and job creation by expanding the Enterprise Zone (EZ) programme in England. It has announced 18 new EZs (of which 15 will be in smaller towns and rural areas) and the extension of eight current EZs. This measure will be effective from April 2016.
This means that in total there will be 44 EZs in England.
The new EZs will be in the following locations:
  • Seven in the North.
  • Four in the South East.
  • One in the Midlands.
  • Two in the South West.
  • Four in the East.
The EZs at the following places will be extended: Cornwall Aerohub, Bath and Somer Valley, Birmingham EZ Curzon Street, Great Yarmouth and Lowestoft EZ, Humber EZ, Infinity Park, North Kent Innovation Zone and Tees Valley EZ.
The policy offers three incentives for businesses locating to EZs, and local authorities:
  • Business rates discount.
    Local authorities are able to offer businesses located in EZs a discount up to the state aid de minimis level over a five year period. The maximum available discount is £55,000 a year, up to a total of £275,000 over five years. Businesses have to be located in an EZ by April 2022 to qualify.
  • Enhanced capital allowances.
    Companies in designated assisted areas within EZs will be able to claim 100% enhanced capital allowances against their taxable profits. This will apply in the following EZs: Infinity Park Extension Derby, Humber EZ, M62 Corridor EZ, Luton Airport EZ, Cheshire Science Corridor EZ, Carlisle Kingsmoor Park EZ, Hillhouse Chemicals and Energy Enterprise EZ, Ceramics Valley, Cornwall Aerohub, and North East Round 2 EZ.
  • Business rates retention.
    EZs will benefit from 100% of business rates growth retention as opposed to the usual 50%.
(Autumn Statement and Spending Review 2015, paragraphs 1.251, 2.115 and 3.13 and DCLG: The New Enterprise Zones (25 November 2015).)

Further reading

For more information on the key 2015 Autumn Statement and Spending Review announcements, see Legal updates:
Practical Law's Autumn Statement and Spending Review coverage is written by a number of Practice Areas. A comprehensive list of Practical Law’s coverage can be found at 2015 Autumn Statement and Spending Review coverage.