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Is I Liable for the 3% SDLT Surcharge on Second Homes

Updated on October 16, 2026

Last updated: 14 October 2026

Are you liable for the SDLT surcharge on a second home?

Probably, if you’ll own more than one residential property worth £40,000 or more at the end of the day of purchase and you’re not replacing your main residence. The surcharge, originally 3%, has been 5% on top of standard SDLT rates in England and Northern Ireland since 31 October 2024. It applies to second homes, buy-to-lets and most purchases by companies. If you’re buying a new main home and selling your old one, you can avoid it, or reclaim it if you sell the old home within 3 years.

When the surcharge applies

Situation Surcharge?
Buying a second home while keeping your main home Yes
Buying a buy-to-let while owning your home Yes
Buying a new main home and selling the old one on the same day No
Buying a new main home before selling the old one Yes, but refundable if old home sold within 3 years
First property, owning nothing else anywhere in the world No
Buying through a company Yes, from the first property
Owning a share of an inherited property for under 3 years Ignored
Spouse owns another property Yes, spouses are treated as one unit

2026/27 residential rates with the surcharge

Price band Standard rate With 5% surcharge
Up to £125,000 0% 5%
£125,001 to £250,000 2% 7%
£250,001 to £925,000 5% 10%
£925,001 to £1.5 million 10% 15%
Over £1.5 million 12% 17%

Example

Rachel owns her home in Bristol and buys a holiday cottage in Cornwall for £300,000. Standard SDLT is £5,000. The 5% surcharge adds £15,000, so she pays £20,000. If instead she bought a new main home for £300,000 and sold her old one within 3 years, she could claim back the £15,000 surcharge.

Overseas property counts

Property owned anywhere in the world counts towards the test. If you own a flat abroad worth over £40,000 and buy your first UK home, the surcharge applies, unless the UK home replaces it as your main residence.

Married couples

Spouses and civil partners living together are treated as one. If your spouse owns a property, you’re treated as owning it too, even if you’re buying alone.

Claiming a refund

Apply to HMRC within 12 months of selling your old main home, or within 12 months of the filing date of the SDLT return if later. The sale must be within 3 years of buying the new home.

Scotland and Wales

Scotland’s Additional Dwelling Supplement is 8% and Wales’s higher rates are higher too, with different refund rules.

Common mistakes

  • Forgetting overseas property in the test
  • Missing the refund deadline
  • Assuming a spouse’s property doesn’t count
  • Not claiming the surcharge back when you sell the old home

Frequently asked questions

Does a £40,000 caravan count?

Caravans and houseboats aren’t dwellings for SDLT.

Is the surcharge due on a garage?

No, only on dwellings.

Does it apply to shared ownership?

Yes, if you own another home.

Can I avoid it by buying in my child’s name?

Only if the child genuinely owns it.

Related: uninhabitable properties and SDLT, buying in your own name or a company and buying a flat in instalments.

Talk to Accotax

Want this handled for you? Our team at Accotax can help with SDLT on additional properties. See our landlord accountants service, or contact us for a free, no-obligation quote.

This page is general guidance based on HMRC rules for the 2026/27 tax year, checked against gov.uk on 14 October 2026. It is not personal advice, so speak to an accountant about your own situation.

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