print this page

First Home Owner Grant



Definition of Terms

The definitions used below are intended as a guide. The precise meaning of the terms should be taken from the reading of the First Home Owner Grant Act, 2000.

applicant(s)
Australian Citizen

close personal relationship
commencement date
completed
comprehensive building contract
consideration
corresponding law
domestic partner
eligibility criteria
eligible transaction

first home owner grant

guardian

home
home owner
natural person

new home
notifiable event
option
owner builder

permanent resident

relevant interest

residence requirement

residential property

spouse

applicant(s)
a person or persons who, on completion of the purchase or construction of the home, will be an owner of that home

Back to top

Australian Citizen
Means an Australian citizen as defined in the Australian Citizenship Act, 1948 (Cwth)

Back to top

close personal relationship
A close personal relationship is defined to mean the relationship between 2 adult persons (whether or not related by family and irrespective of their gender) who live together as a couple on a genuine domestic basis, but does not include-

(a) the relationship between a legally married couple;or

(b) a relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind.

Note: Two persons may live together as a couple on a genuine domestic basis whether or not a sexual relationship exits or has ever existed, between them.

Back to top

commencement date
The commencement date of an eligible transaction is-

(a) in the case of a contract-the date when the contract is made;

(b) in the case of  the building of a home by an owner builder-

  (i)  the date when laying the foundations for the home commences; or
  (ii) another date the Commissioner considers appropriate in the circumstances of the case.

Back to top

completed
Subject to any qualifications prescribed by legislation, an eligible transaction is completed when-

(a) in the case of a contract for the purchase of a home:

       (i) the purchaser becomes entitled to possession of the home under the contract; and
       (ii) if the purchaser is to obtain a registered title to the land on which the home is situated - the necessary             steps to obtain registration of the purchaser's title have been taken;

(b) in the case of a contract to have a home built-the building is ready for occupation as a place of residence;

(c) in the case of the building of a home by an owner builder - the building is ready for occupation as a place of      residence

Back to top

comprehensive building contract
A contract under which a builder agrees to build a home from the start of the building to when it is ready for occupancy.

Back to top

consideration
The total price or amount used for the purchase or building of the home.

Back to top

corresponding law
Means an Act of another State, or a Territory, corresponding to this Act.

Back to top

domestic partner
A person is the domestic partner of another if they live together in a close personal relationship.

Back to top

eligibility criteria
Means the criteria for for determining whether an applicant for a first home owner grant is eligible for the grant.

Back to top

eligible transaction
an eligible transaction is -

(a) a contract made on or after 1 July 2000 for the purchase of a home in the State;

(b) a comprehensive home building contract made on or after 1 July 2000 by the owner of land in the State, or a person who will on completion of the contract, be the owner of land in the State, to have a home built on the land;

(c) the building of a home in the State by an owner builder if the building work commences on or after 1 July 2000.

Back to top

first home owner grant
A grant authorised under Section 17 of the Act.

Back to top

guardian
Guardian of a person under a legal disability includes a trustee who holds a property on trust for the person under an instrument of trust or by order or direction of a court or tribunal.

Back to top

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

Back to top

home owner
A person who holds a relevant interest in property.

Back to top

natural person
A person, not a company.

Back to top

new home
A home that has not been occupied or sold as a place of residence.

Back to top

notifiable event
Applicants must notify the Commissioner of State Taxation, in writing, of any change in circumstances that may affect their eligibility for the Grant. e.g. When the residency requirement is not met.

Back to top

option
Option to purchase includes a right of pre-emption or a right of a first refusal.

Back to top

owner builder
An owner of land who builds a home, or has a home built, on the land without entering into a comprehensive  building contract.

Back to top

permanent resident
The holder of an Australian permanent visa or a New Zealand citizen who holds a special category visa.

Back to top

relevant interest
A person with a 'relevant interest' can be described generally as someone who will have a legal entitlement to the home being bought or constructed.  Usually this will be the person(s) listed on the Title.  Each person with a 'relevant interest' must be listed as an applicant on the application form.  It does not include the South Australian Housing Trust.

Back to top

residence requirement
In relation to an eligible transaction entered into between 1 July 2000 and 31 December 2004, means that an applicant for a first home owner grant must occupy the home to which the application relates as the applicant's principal place of residence within 12 months after the completion of the eligible transaction or a longer period approved by the Commissioner.

In relation to an eligible transaction entered into on or after 1 January 2005, means an applicant for the First Home Owner Grant must occupy the home to which the application relates, as the applicant's principal place of residence for a continuous period of at least 6 months (or shorter period approved by the Commissioner), commencing within 12 months after completion of the eligible transaction or a longer period approved by the Commissioner.

Back to top

residential property
Land on which there is a building which is a lawfully occupied residence or suitable for occupation as a residence.

Back to top

spouse
A person is the spouse of another if  they are legally married to each other, or are de facto spouses of each other.

Back to top

 

This page was last reviewed 23 October, 2008