Taxes Consolidation Act 1997 section 372AM

Grant of certain certificates and guidelines, qualifying and special qualifying premises

Section 372AM sets out the conditions that residential accommodation must meet to qualify for rented residential relief under section 372AP or owner-occupier relief under section 372AR, including certification requirements, floor area limits, and the criteria for special qualifying premises.

• The Minister for the Environment may grant a certificate of compliance or a certificate of reasonable cost certifying that a dwelling meets construction or refurbishment standards and falls within the permitted floor area limits.
• To be a qualifying premises, a dwelling must be within the relevant incentive area, used solely as a dwelling, meet the floor area requirements, hold the appropriate certificate, and (for rented residential relief) be continuously let under a qualifying lease throughout the 10-year relevant period.
• Floor area limits vary by scheme and range from a minimum of 38 square metres to a maximum of between 125 and 210 square metres, depending on the type of area, the nature of the expenditure, and whether the relief is rented residential or owner-occupier relief.
• A special qualifying premises for countrywide refurbishment relief must form part of a special specified building, be used solely as a dwelling, be let throughout the relevant period, and must not have already qualified for any other residential letting relief.