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First Home Owner Grant - Definitions
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Applicant

Approved agent
Certified copy
Commencement date of the eligible transaction
Commissioner
Completion of the eligible transaction
Consideration
Contract to build
Eligible transaction
Established home
Home
Natural Person
New home
Nominee purchaser
Notifiable event
Off the plan
Owner builder
Owner
Permanent resident
Principal Place of Residence
Related or associated party
Relevant interest
Residential property
Spouse/Partner
SRO
Terms contract
Title search


Applicant

The person applying for a grant who, on completion of the purchase of a home or construction of a new home, will own or hold a relevant interest in the land on which the home is built.


Approved agent

An organisation approved by the SRO that is authorised to process applications for the First Home Owner Grant. Approved agents list


Certified copy

A true copy of an original document that has been sighted and certified by an authorised person* and noted as follows: 'I certify that I have sighted the original document and this is a true copy of it'. This certification must have the certifier’s name, title, registration number (where applicable) and be signed and dated.

*An authorised person includes a legal practitioner, Justice of the Peace (JP), Magistrate, notary public, police officer, dentist, veterinary practitioner, pharmacist, Certified Practising Accountant, Member of Parliament, a minister of religion, medical practitioner and officers of the SRO.


Commencement date of the eligible transaction

Date of contract to purchase or build a home, or for an owner builder it is the date the foundations commenced being laid.


Commissioner

Commissioner of State Revenue Victoria.


Completion of the eligible transaction

When the applicant is entitled to possession of the property under the contract, or the building is ready for occupation as a place of residence and (except for terms contracts and where a duty off-set is elected) the applicant is registered on the Certificate of Title.


Consideration

Purchase price or cost of construction of the home.


Contract to build

A comprehensive building contract where a builder agrees to build a home, from the time the building starts to when it is finished and ready for occupation.

Eligible transaction

Contract for the purchase of a home, contract to build a home or construct a home as an owner builder on or after 1 July 2000.


Established home

A home that has been previously occupied and is lawfully fit for occupation.


Home

A building, affixed to land, that may be lawfully used as a place of residence and is, in the Commissioner’s opinion, suitable for use as a place of residence.


Natural Person

A person (does not include a company or trust).


New home

A home that has not previously been lived in or sold as a place of residence including house and land packages and off the plan.


Nominee purchaser

An applicant for the grant who was not a party to the contract of sale, but who was nominated by the purchaser to take a transfer of the property.


Notifiable event

When any part of the eligibility criteria is not met, the applicant(s) must notify the Commissioner within 14 days of the event.

An example would be where an applicant is not able to occupy the home as their principal place of residence within 12 months of completion of the eligible transaction.

Off the plan

A contract for the purchase of the home on a proposed lot in an unregistered plan of a subdivision of land.


Owner builder

An owner of land who builds a home or has a home built, on the land without entering into a contract to build.


Owner

A person who has a relevant interest in land on which a home is built.


Permanent resident

A person who holds a permanent residency visa under Section 30 of the Migration Act 1958 (Cth) or a New Zealand citizen who is the holder of a special category visa under Section 32 of the Migration Act 1958 (Cth).


Principal Place of Residence

The home you primarily reside in. This home must be occupied by an applicant for a continuous period of at least six months commencing within 12 months of the completion of the eligible transaction.


Related or associated party

One person is related to or associated with another party when:

  • one is the spouse/partner of the other, or
  • they are related by blood, marriage or adoption, or
  • they are a shareholder or director of the other party, being a company, or
  • they are a beneficiary of a trust for which the other party is a trustee, or
  • the transaction is otherwise not at arm’s length.


Relevant interest

A person with a relevant interest may be described as someone who will have a legal entitlement to occupy the home being bought or constructed. Usually this will be the person(s) registered as proprietor on the title. This commonly is an estate in fee simple. Other forms of interest are defined in the First Home Owner Grant Act 2000. Each person acquiring a relevant interest must be an applicant on the application form.


Residential property

Land in Australia on which there is a home which is lawfully occupied or suitable for occupation. This includes houses, townhouses, units, flats, duplexes, converted warehouses and fixed moveable homes.


Spouse/Partner

A person is a spouse of another if they are legally married to each other. A person is a partner of another if they are in a domestic relationship regardless of gender.


SRO

State Revenue Office of Victoria.


Terms contract

A contract of sale where the purchaser has to make two or more payments (excluding the deposit) to the vendor after the contract is signed by all parties.

The applicant as the purchaser must be in possession under the contract and cannot be registered on title until the final payment is made to the vendor.


Title search

A search on the land, showing the names of the registered owners. A title search can be obtained from the Department of Sustainability and Environment, Land Victoria Office at www.dse.vic.gov.au

 

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Page updated: 1 August 2007
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