Answers · UK 2025/26
Can I claim back stamp duty?
Yes, in limited cases. The most common refund is the 5% second-home surcharge when you sell your previous main residence within 36 months of buying the new one. You can also reclaim SDLT paid on uninhabitable properties or where reliefs (FTB, multiple-dwellings pre-2024) were missed.
Full answer
HMRC will refund SDLT in three main scenarios. (1) Surcharge refund: if you paid the 5% additional-dwellings surcharge on a replacement main home but had not yet sold the old one, you have 12 months from selling the previous main residence (or 12 months from the SDLT return filing date, whichever is later) to claim it back. The sale must happen within 36 months of the new purchase. (2) Uninhabitable / non-residential reclassification: a property without working bathroom, kitchen or roof may qualify for the lower non-residential SDLT rates (max 5% vs 12%). HMRC has tightened guidance — paint, damp and outdated decor do not count. (3) Missed relief: first-time-buyer relief, multiple-dwellings relief (pre-1 June 2024) or sub-sale relief overlooked by your conveyancer. Refund claims for amendments to SDLT returns must be made within 12 months and 14 days of the effective transaction date. File via HMRC's online repayment service or by letter to the Birmingham Stamp Office. Beware "SDLT refund" cold callers — many push aggressive uninhabitable claims that HMRC later challenges, leaving you with interest, penalties and a contingent fee. Get an opinion from a chartered tax adviser before paying anyone.
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This answer is informational only and does not constitute financial, tax or legal advice. Figures are for the 2025/26 UK tax year. See our methodology and sources.