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Official guidance
VAT Construction

VCONST24000 · DIY builders and converters VAT Refund Scheme - eligibility of claims

  • VCONST24010 · About this section
  • VCONST24100 · Entitlement to refund
  • VCONST24150 · Condition 1: VAT must be chargeable
  • VCONST24200 · Condition 2: were relevant works carried out?
  • VCONST24250 · Condition 3: did the claimant carry out the relevant works?
  • VCONST24300 · Condition 4: were the works carried out lawfully?
  • VCONST24350 · Condition 5: were the works carried out otherwise than in the course or furtherance of any business?
  • VCONST24400 · Condition 6: is the claim for eligible goods and/or services?
  • VCONST24450 · Condition 7: have the goods and services been used in the construction or conversion before the date of completion?
  • VCONST24500 · Condition 8: is the claim made in the correct manner?
  • VCONST24550 · Condition 9: is the claim in time?
  • VCONST24600 · Condition 10: have the correct supporting documents been furnished?
  1. DIY builders and converters VAT Refund Scheme - eligibility of claims: contents
  2. DIY builders and converters VAT Refund Scheme - eligibility of claims: condition 4: were the works carried out lawfully?

VCONST24300 | DIY builders and converters VAT Refund Scheme - eligibility of claims: condition 4: were the works carried out lawfully?

From HM Revenue & Customs · VAT Construction

Planning legislation requires the construction of most new buildings and conversions to be approved by a planning authority before they are carried out.

Similarly, Building Regulations require notification to be given at the start and completion of the works, and of certain intermediate stages (such as foundations and damp proof course), to allow for inspections to be carried out.

Failure to meet Planning or Building Regulations makes a claim liable to rejection on the grounds that the works weren’t lawful. Should approval for the construction or conversion be granted part way through the works being carried out, it is only those works carried out after the granting of approval that are lawful.

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