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Commercial stamp duty: non-residential SDLT rates and leases

Commercial and other non-residential property is taxed at its own SDLT rates, and new leases can be taxed on the rent. This guide explains the bands and how leases are treated.

Reviewed by David Sampson, Founder & Director · Created 20 October 2026 · Last reviewed 20 October 2026

TL;DR

  • •Non-residential property has its own SDLT bands.
  • •Mixed-use property pays the non-residential rates.
  • •New leases can be taxed on both premium and rent.
  • •No surcharges apply to non-residential purchases.

What counts as non-residential property?

Non-residential property for SDLT includes shops, offices, industrial units, agricultural land, forests and land that is not part of a home's garden or grounds. Mixed-use property, which combines residential and non-residential parts, such as a shop with a flat above, is also taxed at the non-residential rates.

Six or more homes bought in a single transaction can also be treated as non-residential. The type of property on the effective date decides which rates apply.

Non-residential SDLT rates

For freehold purchases and lease premiums, the non-residential rates are zero up to £150,000, 2% from £150,001 to £250,000 and 5% above £250,000 (GOV.UK, accessed 20 Oct 2026). The higher rates for additional homes and the non-resident surcharge do not apply to non-residential property.

The rates are charged in slices, like the residential bands, so each rate applies only to the part of the price inside its band.

A worked example

Worked example, using example figures, not market data: a shop bought freehold for £400,000 pays nothing on the first £150,000, 2% on the next £100,000 and 5% on the final £150,000. That is £2,000 plus £7,500, a total of £9,500.

The commercial stamp duty calculator will apply the same bands to a price entered by the user.

Stamp duty on new leases

A new non-residential lease can be taxed on two parts: any premium paid, using the rates above, and the rent, based on the net present value of the rent over the term. The rent element is taxed at zero up to £150,000, 1% from £150,001 to £5 million and 2% above that (GOV.UK, accessed 20 Oct 2026).

Assigning an existing lease is treated as a purchase of the lease, so the price paid for it is taxed, but not the rent.

Returns and later payments

A return is due within 14 days of the effective date for most commercial purchases and leases (GOV.UK, accessed 20 Oct 2026). Leases with rent reviews, turnover rent or variable rent can need further returns when the rent becomes known, and extending or varying a lease can also create a new charge.

Overage payments and deferred payments on land can need later returns too, so commercial buyers often keep the transaction under review for some years.

Stamp duty and commercial finance

Stamp duty is part of the cost of buying commercial property and is not usually lent by commercial lenders, so it has to be funded from the buyer's own money along with the deposit, fees and any costs of setting up the business. Lenders look at the total cost when they assess a deal.

How lenders assess commercial purchases, including deposits and the documents they ask for, is in the guide to commercial mortgages.

Frequently asked questions

Does mixed-use property pay residential stamp duty?

No. Mixed-use property is taxed at non-residential rates.

Is there a surcharge on commercial property?

No. The higher rates and the non-resident surcharge apply to residential property only.

Is stamp duty charged on lease rent?

Yes, on new leases, based on the net present value of the rent.

Is buying land taxed as commercial?

Land that is not part of a home's grounds is usually non-residential.

Do I pay stamp duty on assigning a lease?

The price paid for an existing lease is taxed, but not the rent.

Are further returns needed on a lease?

Sometimes, when rent changes or the lease is varied or extended.

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Important: Your home may be repossessed if you do not keep up repayments on your mortgage. Information on this page is for general guidance only and does not constitute financial advice.Always verify details directly and seek independent advice before making financial decisions.