Section 116(2) FA 2003 provides that land that is or forms part of the garden or grounds of a residential building is also treated as residential property. This means that land that forms a part of the garden or grounds of a residential building will still be residential property even though it is sold off separately from the dwelling. Conversely, if there is no dwelling that is used or suitable for use as such or under construction on the land, then the land will not be residential property.