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Official guidance
VAT Construction

VCONST02200 · Zero-rating the construction of buildings: is a building being constructed

  • VCONST02210 · Using the term ‘new building’
  • VCONST02220 · Meaning of ‘building’
  • VCONST02230 · - Zero-rating the construction of buildings: is a building being constructed: what the term ‘the construction of a building’ means
  • VCONST02240 · What the term ‘existing building’ means
  • VCONST02250 · Demolition test
  • VCONST02260 · Retention of party walls
  • VCONST02270 · Retention of façades or ‘façade test’
  • VCONST02280 · Tribunal decisions on Notes 16 and 18
  • VCONST02290 · Adjacent buildings subsequently connected
  • VCONST02300 · Enlargements to existing buildings to create additional dwellings
  • VCONST02310 · Treatment of loft conversions
  • VCONST02320 · Several buildings forming relevant residential purpose units
  • VCONST02330 · Interpreting Note 16 in relation to extension, enlargement and annexe
  • VCONST02340 · Relevant charitable purpose annexes
  • VCONST02350 · Qualifying annexe
  • VCONST02360 · Tribunal decisions on ‘annexes’
  • VCONST02370 · - Zero-rating the construction of buildings: is a building being constructed: what if a piece of work is not an enlargement, extension or annexe
  • VCONST02380 · Garages
  • VCONST02390 · Prefabricated buildings and building kits
  1. Zero-rating the construction of buildings: is a building being constructed: contents
  2. - Zero-rating the construction of buildings: is a building being constructed: what if a piece of work is not an enlargement, extension or annexe

VCONST02370 | - Zero-rating the construction of buildings: is a building being constructed: what if a piece of work is not an enlargement, extension or annexe

From HM Revenue & Customs · VAT Construction

If a piece of work is not an enlargement, extension or annexe, it qualifies as the construction of a building.

This is illustrated in Kahal Imrei Chaim Limited (VTD 19625). The case involved a development at the rear of an existing synagogue that adjoined the existing building to create a single, fully integrated but much larger synagogue. It was held on the facts that the structure was not an enlargement, extension or annexe to an existing building, but the construction of a building. It was not dependent on or ancillary to the existing building and did not make that building bigger. A new synagogue was created that made incidental use of the existing building.

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