The rules concerning the carrying-out of works are often misunderstood, perhaps because the provision is drafted as an ‘exclusion’ from consideration. In practice, however, the application of the rules results, more often than not, in rendering the ‘carrying-out of works’ inclusive of chargeable consideration.

The basic rule is that in cases where the whole or part of the consideration for a land transaction consists of the carrying-out of works of construction, improvement or repair of a building or other works to enhance the value of land:

to the extent that all of three conditions are met, the value of the works does not count as chargeable consideration and

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