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Home > Frequently asked questions > Frequently asked questions - Residence requirements

Frequently asked questions - Residence requirements

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When do I have to take up occupancy?

If you have puchased an existing home then you must take up occupation of the home within 12 months after the title has been registered in your name.
If you have entered into a contract to build a home or you are an owner builder, then you must take up occupation of the home within 12 months of the home passing final council inspection.

How long must I reside in the property for it to be my principal place of residence?

If you have entered into an eligible transaction prior to 1 January 2004, there is no minimum period that you are required to live in the property to maintain your grant eligibility. However, the onus is on the applicant to prove that they have lived in the property as their principal place of residence, if requested by the Office of State Revenue.
If you have entered into an eligible transaction on or after 1 January 2004, you must remain in continuous occupation for a period of at least six months.

If there are joint applicants, must all the applicants reside in the home?

Yes. The eligibility criteria states that all applicants must occupy the home as their principal place of residence within 12 months of completion of the eligible transaction to which the application relates. (An exemption from this requirement may be considered in certain circumstances.)

Is it possible to rent the home out before I move in?

You may rent out the property before you move in, provided that you occupy the home as your principal place of residence within the specified 12 months.

Once I move into the home, is it possible to rent out one or more rooms in the home?

All applicants are required to occupy the home as their principal place of residence within 12 months of completion of the eligible transaction.

If having a boarder/s does not impinge on your ability to make the home your principal place of residence, the Commissioner may be satisfied that the residence requirement has been complied with.

Due to employment commitments, I have to move out of my first home before the 6 month residence requirement has been satisfied. What are my obligations?

If you vacate, sell or lease the home within 6 months of the completion date, you are obliged to contact OSR within 14 days to advise us of your circumstances and repay the Grant.

However, section 15 of the First Home Owner Grant Act 2000 allows the Commissioner of State Revenue to exercise discretion where an applicant for the Grant fails to meet the residence requirement. This could be due to a failure to start living in the home within the required timeframe or a failure to remain living in the home continuously for at least 6 months.

Each matter is considered on a case-by-case basis. Contacting OSR as soon as you are aware that you will be unable to meet the residence requirements is the most important obligation and should be strictly adhered to.

What timeframe do I have to move into the home to be entitled to the Grant?

If you are purchasing an existing home you must commence occupation of the home within 1 year after the transfer is registered with the Department of Natural Resources and Water.

If you have entered into a contract to have a home built or are an owner builder, you must commence occupation of the home within 1 year after the building is ready for occupation as a home and any prescribed completion requirements are complied with (ie. final inspection has been completed).

However, section 15 of the First Home Owner Grant Act 2000 allows the Commissioner of State Revenue to exercise discretion where an applicant requires a longer period for which to move into the home. There must be good reason for this discretion to be applied. The Commissioner is also able to exempt applications from this requirement if the following conditions are met:

the applicant is 1 of 2 or more joint applicants for a first home owner grant; and
at least 1 of the applicants complies with the residence requirement; and
the commissioner is satisfied there are good reasons to exempt the applicant from the residence requirement.

If my application for the Grant is not approved, what are my options?

If you are dissatisfied with the commissioner's decision on an application for a first home owner grant or you are required to repay the Grant, you may lodge a written objection with the commissioner. The grounds of the objection must be stated in full and the objection must be lodged within 60 days after the objector receives notice of the decision. However, if the commissioner is satisfied that there is a reasonable excuse for failing to lodge an objection within the 60 day period, the commissioner may extend the time for lodging the objection.