Buying a Second Home
12 Aug 2024 | Simon NosworthyTable of Contents
Guide to buying a second home
Almost three-quarters of a million households in England own a second home, according to official government figures.
Half a million of these homes are located in the UK.
Second homes are either:
- Homes that are mainly used as a holiday home or for occupation while working away from home. Some people may rent out their second homes for a few weeks or months of the year as holiday let, but that is not their main purpose; or
- Homes that are bought for the benefit of another. Getting on the property ladder can be tough, so you may buy a second property for your adult child to live in as a way to offer a helping hand.
Buy-to-let properties are investment properties and we have separate resources for that. If you are thinking about making your first buy-to-let investment or expanding your rental property portfolio, our buy-to-let solicitors can provide expert advice.
How is buying a second home different to buying a primary residence?
The legal conveyancing process follows the same basic steps, regardless of whether the property is your main home or a second home.
Your solicitor will perform the usual checks and searches to ensure that property has a good and marketable title. They will also verify that there are no restrictions that could hamper how you plan to use the property. For instance, there might be covenants or restrictions in the title that stop you from using the property as a holiday let if you do want to Airbnb it some of the time.
Additionally, some holiday areas require special attention. There may be planning conditions that limit occupancy to those with ties to the local area, or you may need permissions to carry out refurbishments if the home is in an Area of Outstanding Natural Beauty or a National Park. Your solicitor can explain the legal and practical implications of these types of conditions.
Besides the conveyancing process, there are some key financial differences in the way you purchase a second home, mostly around tax and mortgages.
Financing the purchase of a second home
Unless you are fortunate to be able to buy outright, you will need a mortgage to finance the purchase of a second home.
Mortgaging a personal bolt hole
A standard residential mortgage is suitable if you are planning to use your second home yourself and have no plans to rent it out. Your lender will want to ensure that you can manage the payments on both your existing mortgage and the new one, so expect a thorough review of your financial situation. To reassure them, they will likely require a larger deposit, usually about 15% to 20% of the property’s value.
Paying off the mortgage on your first home will put you in a better position to secure a mortgage on your second home.
If you plan to use the property as a private holiday home but later decide to rent it out, you will have to apply for consent from your mortgage lender. Your solicitor can check these restrictions before you commit.
Mortgaging a rental property
A furnished property that is available to let for 210 or more days a year is classified as a holiday let property and cannot be bought with a standard residential mortgage. Some lenders also won’t let you borrow on short-term lets like Airbnb because the number of guests is a risk.
You may need to shop around for a commercial mortgage product.
Using the equity in your main home for a second home
If there is sufficient equity in your main home, then remortgaging to release funds to assist in buying a second home is an option. You may be able to remortgage with your existing lender or switch to a new mortgage provider.
Equity-release mortgages offer another option for releasing some of the equity in your home as a tax-free cash lump sum which you can use to fund a second home purchase. Aimed at older homeowners, these products are structured as a lifetime mortgage and repayable when the borrower dies or enters long-term care, so you don’t need to make monthly repayments.
Whether refinancing or equity release is a good idea or not will depend on the amount of equity you have, the conditions of the mortgage product, and whether the refinancing will trigger any early repayment charges.
Our expert remortgaging solicitors at Osbornes Law can help explain your options.
Stamp Duty Land Tax on second homes
Stamp Duty Land Tax is payable on any residential property over £250,000 in England. The tax is charged on a sliding scale according to the home’s value.
However, if you already own a residential property, the threshold is lower. If the second property is worth more than £40,000, you’ll have to pay stamp duty on the whole purchase price.
You’ll also pay a higher percentage of stamp duty, which currently is 3% on top of the ordinary stamp duty rate. So, on a home costing £500,000, instead of paying £12,500, you will pay £27,500.
There is a stamp duty calculator on the government website which can help you work out how much you might have to pay.
Council tax on second homes
Most councils do not give a council tax discount for second homes. There may be some discounts for job-related accommodation which your solicitor can advise on.
From 1 April 2025, you can be charged up to twice the normal council tax for a second home. Each council will decide whether the property is a ‘second home’ and whether to charge this additional tax, and must give a year’s notice when adopting this policy. Not all councils have voted on this yet, so check with your local council before purchasing a second home.
In Wales, local authorities already have the ability to set council tax premiums on second homes at 300% of the standard council tax rate.
Some properties are liable to pay business rates instead of residential council tax. Currently in England, if your property is available for holiday let for 140 days a year, and is actually let for at least 70 days, you pay business rates rather than council tax. This could be beneficial, especially as some councils are looking to increase council tax on second homes.
Thinking of buying a second home?
If you’re thinking about buying a second home in the UK, you probably have plenty of questions regarding mortgages, taxes and more. That’s where we come in.
At Osbornes Law, our team of conveyancing solicitors has a wealth of experience in guiding people through the process of buying a second home. You can feel confident working with us to make your second home purchase smooth and straightforward, with all the proper legalities taken care of.
To speak with one of our solicitors, contact us by:
- Filling in our online enquiry form; or
- Calling us on 020 7485 8811
Share this article
Contact
Speak to us about Buying a Second Home
For a free initial conversation call 020 7485 8811
Email us Send us an email and we’ll get back to you
"Simon Nosworthy at Osbornes, ably assisted by Emma Healey, recently completed the sale of a flat for my sister and me, and we cannot speak too highly of them. These are solicitors who have ‘direct dial’ at the foot of their communications, who answer their phone and respond promptly to emails! The sale process was long-drawn-out and somewhat complicated and Simon was brilliant - patient, he gave confident timely advice when needed, and with Emma’s help, all the details were meticulously attended to. We also felt the fee was very reasonable. I would say, if you enjoy long ponderous solicitors letters and waiting a week for a reply, then don’t go to Osborne’s. But if you want an intelligent, nimble-footed, helpful and nice solicitor - then you won’t do better!"
"I was recommended Simon Nosworthy of Osbornes solicitors by my estate agent. At first I was reluctant as I had always previously used another solicitor for my conveyancing, but I did use Simon (assisted excellently by his paralegal Emma Healy) and I am very glad I did. The sale of my property was completed with the minimum fuss. You could count the telephone calls made on one hand and there was only one visit to the office. Simon is affable, professional and extremely efficient, hence the five stars. Thank you Simon and Emma."
"Great personal service from Simon and Emma. Always approachable and constantly looking for the best possible solution. Would definitely use their services again and have no hesitation in recommending them to friends and family!"
"I would highly recommend Osbornes to anyone looking for a Solicitor to assist them to purchase a house. Simon is clearly committed to ensuring that his clients receive the best possible service. He was very ably assisted by Emma. Simon and Emma kept us informed along the way. As a first time buyer, I really appreciated all the advice Emma gave me on what to expect from the process and how it works. Thanks so much Emma and Simon!"
“Great service - we were kept informed of the progress of our sale without having to ask, Simon and Emma ensured the transaction ran to the agreed timetable and everyone we encountered in the firm were always helpful and friendly.”
“I highly recommend Simon Nosworthy… Our case was a bit more complicated than usual with a hard and fast deadline in the end. Simon has an eye for details and guided us through a frustrating conveyancing process. He got it over the line for us in the end which was a real joy to complete and move in”
I am much indebted to Simon Nosworthy and his staff for the efficient completion of our sale.
Related InsightsVIEW ALL
- 23.1.2024
Will 2024 bring changes to the conveyancing process?
The National Trading Standard Estate and Letting Agency Team (NTSELAT) has recently released new guidance relating to information on both...
Read more - 19.5.2023
Declaration of Trust for Property
If you are buying a property jointly, you may want to consider making a declaration of trust to record your...
Read more - 13.2.2023
Transfer of Equity Stamp Duty
Do I Pay Stamp Duty Land Tax When Transferring Property into My Partner’s Name? When it comes to property...
Read more - 13.2.2023
Shared Ownership Stamp Duty
Do you pay stamp duty on shared ownership? When you buy a new shared ownership property, you are given two...
Read more - 8.2.2023
Severance of a Joint Tenancy
Severing a Joint Tenancy Normally, when couples buy a property together they do so as joint tenants. This means they...
Read more - 8.2.2023
Tenants in Common vs Joint Tenants
Tenants in Common vs Joint Tenants: Which is best for buying a property together? When buying a property with someone...
Read more - 20.1.2023
Stamp duty tax to remain the same until 2025
Good news for buyers as the current SDLT rates will remain until 2025 Buyers looking to purchase this year will be...
Read more - 23.9.2022
First-time buyer stamp duty exemption
Stamp duty is the bane of every home buyer, with only first-time buyers being exempt from paying the tax if...
Read more - 30.8.2022
What is a transfer of equity?
Transfer of equity in divorce Transfer of equity refers to the process of transferring part or all of a property...
Read more - 26.6.2021
The Risks Of Buying Properties Off Plan!
Buying Property Off Plan The Daily Mail reported that 300 families a week have to move into shoddy newly built homes....
Read more - 30.1.2021
Making Alterations to a Leasehold Property
What is a Leasehold Property? There are two main types of property in England and Wales, freehold and leasehold property....
Read more - 5.1.2021
How To Sell Your Home: 10 Top Tips
Top 10 Tips for Selling Your Home Thinking about marketing your property for sale? Simon Nosworthy, Conveyancing Solicitor at Osbornes, sets...
Read more - 22.5.2019
What Is Equity Release?
Equity release is a type of financial product available to homeowners which allows them to access some of the equity...
Read more - 25.3.2019
London property ‘hotspots’
Property professionals across the country have made their predictions as to what is in store for the property market over...
Read more