28/12/2025
First-time buyer SDLT relief: why married couples can lose it (even if one spouse is a “true” first-time buyer)
First-time buyer’s relief (FTBR) can reduce SDLT on a first home purchase, but it only applies if the transaction is not caught by the higher rates for additional dwellings.
Here’s a common scenario that catches people out:
Spouse A owns the current home outright.
The couple plan to buy a new property to live in as their main residence.
First-time buyer SDLT relief: why married couples can still miss out
First-time buyer’s relief (FTBR) can reduce SDLT on a first home purchase, but it is only available if the purchase is not treated as a transaction subject to the higher rates for additional dwellings.
Here’s a common fact pattern:
Spouse A owns the current home outright.
The couple plan to buy a new property and live in it as their main residence.
The existing home will be kept and rented out (not sold).
Spouse B has never owned a property and assumes FTBR will apply.
The key issue: higher rates override FTBR
If the new purchase is treated as an additional dwelling for SDLT purposes, the higher rates apply—and FTBR cannot be claimed, even if one buyer is genuinely a first-time buyer.
For joint purchases, a transaction can fall into the higher rates where:
there are two (or more) purchasers and at least one already owns a major interest in another dwelling; and/or
the new home is not a replacement of the only or main residence (which, in practice, generally requires disposing of the previous main home within the relevant rules).
In the example above, because the existing home is retained and becomes a rental, the new purchase is typically treated as an additional dwelling. Result: no FTBR.
“What if the first-time buyer buys alone?”
Some clients assume the non-owner spouse can purchase in their sole name to access FTBR. Be careful: SDLT rules can treat spouses/civil partners living together as one economic unit for the higher-rate test. If it would have been a higher-rate transaction had they bought jointly, it may still be treated that way when one spouse buys alone—so FTBR can still be unavailable.