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Prescribed intensified use of land for prescribed trade or business for post‑25 March 2016 applications

Income Tax (Land Intensification Allowance) Regulations 2012

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—(1) For the purposes of section 18C(2B) of the Act, a prescribed trade or business is —(a)where the application for planning permission is made before 15 December 2017, a trade or business specified in the First Schedule;(b)where the application for planning permission is made on or after 8 March 2017 but before 15 December 2017, a trade or business specified in the First Schedule, or any of the following trades or businesses carried out in an integrated construction and prefabrication hub:(i)prefabrication of individual components (such as precast columns, beams, staircases);(ii)prefabrication of integrated sub‑assemblies (such as prefabricated bathroom units and prefabricated mechanical, electrical and plumbing systems); (iii)prefabrication of fully integrated assemblies (such as prefabricated and prefinished volumetric construction); (c)where the application for planning permission is made on or after 15 December 2017 but before 1 January 2026, a trade or business specified in the Second Schedule; or(d)where the application for planning permission is made on or after 1 January 2026, a trade or business specified in the Third Schedule.(2) For the purposes of section 18C(2B)(b) of the Act, the construction or renovation of any building or structure on industrial land, port land or airport land promotes the intensified use of the land for a trade or business if, and only if, the gross plot ratio of the building or structure upon completion of the construction or renovation (called in this regulation as‑built gross plot ratio) —(a)meets the gross plot ratio benchmark for that trade or business; or(b)if the gross plot ratio of the building or structure before the start of the construction or renovation already meets or exceeds the gross plot ratio benchmark mentioned in sub‑paragraph (a), the as‑built gross plot ratio of the building or structure is at least 10% more than the gross plot ratio before the start of the construction or renovation.(3) Where a post‑25 March 2016 application has more than one prescribed trade or business under section 18C(2B)(a)(ii) of the Act, then the trade or business with the highest gross plot ratio benchmark among those trades or businesses is designated for the purposes of making the determination under section 18C(2B)(b) of the Act.(4) For the purposes of paragraphs (2)(a) and (3), the gross plot ratio benchmark for a trade or business is —(a)in the case of an application mentioned in paragraph (1)(a), the ratio set out in Column B of the First Schedule for that trade or business; (b)in the case of an application mentioned in paragraph (1)(b), the ratio set out in Column B of the First Schedule for that trade or business, or 1.6 for any of the following trades or businesses carried out in an integrated construction and prefabrication hub:(i)prefabrication of individual components (such as precast columns, beams and staircases);(ii)prefabrication of integrated sub‑assemblies (such as prefabricated bathroom units and prefabricated mechanical, electrical and plumbing systems);(iii)prefabrication of fully integrated assemblies (such as prefabricated and prefinished volumetric construction); (c)in the case of an application mentioned in paragraph (1)(c), the ratio set out in the Second Schedule for that trade or business; or(d)in the case of an application mentioned in paragraph (1)(d), the ratio set out in the Third Schedule for that trade or business.(5) In this regulation, an application for planning permission is an application for planning permission or conservation permission made to the competent authority in accordance with the Planning Act 1998.

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