The Scottish Government has announced the introduction of new legislation to enable councils to increase their affordable housing stock without having to pay a tax on additional properties.

Under changes to the Additional Dwelling Supplement (ADS), paid as part of Land and Buildings Transaction Tax, the length of time a buyer moving between properties has to sell their original home in order to be able to reclaim ADS would also be extended from 18 months to 36 months.

Other changes include an exemption for people buying a new property to live in after divorce or separation if they are required by court to keep their previous home. Further amendments will exempt buyers from paying ADS on a property for which missives have been signed when a separate property has been inherited in the meantime.


Public Finance Minister Tom Arthur said: "The Additional Dwelling Supplement is an important source of revenue and in 2022-23 raised £163 million to support vital public services. The tax works well in most cases but we have taken on board feedback about the way it operates in certain circumstances.

"We want everyone in Scotland to have an affordable home that meets their needs, which is why we're extending the scope of relief for councils to help them increase their affordable housing stock without having to pay tax on additional properties.

"The amendments also take on board feedback that it can be tricky for people moving house to sell their original home within 18 months due to differences in supply and demand in the housing market across Scotland.

"I am grateful to everyone who responded to the Scottish Government's consultation on these changes and look forward to working with MSPs as the legislation progresses through Parliament."