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)
approved agent
Australian Citizen
certified copy
close personal relationship
commencement date of the eligible transaction
completion of the eligible transaction
comprehensive building contract
consideration
corresponding law
domestic partner
eligibility criteria
eligible transaction
first home owner grant
guardian
home
home owner
market value
natural person
new home
notifiable event
off the plan
option
owner builder
permanent resident
related or associated party
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.
approved agent
An organisation approved by RevenueSA that is authorised to process applications for the First Home Owner Grant.
Australian Citizen
Means an Australian citizen as defined in the Australian Citizenship Act, 1948 (Cwth).
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, registered conveyancer, justice of the peace (JP), magistrate, notary public, police officer, and officers of RevenueSA.
PLEASE NOTE: If lodging your application with an approved agent, certification of documents is not required.
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.
commencement date of the eligible transaction
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.
completion of the eligible transaction
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.
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.
consideration
The total price or amount used for the purchase or building of the home.
corresponding law
Means an Act of another State, or a Territory, corresponding to this Act.
domestic partner
A person is the domestic partner of another if they live together in a close personal relationship.
eligibility criteria
Means the criteria for for determining whether an applicant for a first home owner grant is eligible for the grant.
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.
first home owner grant
A grant authorised under Section 17 of the Act.
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.
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.
home owner
A person who holds a relevant interest in property.
market value
In the case of a contract for the purchase of a home, the market value is the greater of:
- the consideration for the eligible transaction; or
- the market value of the property on which the home is situated, as at the commencement date of the eligible transaction.
In the case of a contract to build, the market value is calculated by adding together:
- the consideration for the comprehensive home building contract, or if the Commissioner considers that the total consideration payable for the building work may be less then the actual costs to build the home- the actual costs to build the home; and
- the market value of the property on which the home is to be built, as at the time when the building contract is made.
In the case of an owner builder, the market value is taken to be the market value of the property on which the home is situated at the time the eligible transaction is completed and ready for occupation as a place of residence.
natural person
A person, not a company.
new home
A home that has not been previously occupied or sold as a place of residence and includes a substantially renovated home.
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.
off the plan
A contract for the purchase of the home on a proposed lot in an unregistered plan of a subdivision of land.
option
Option to purchase includes a right of pre-emption or a right of a first refusal.
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.
permanent resident
The holder of an Australian permanent visa or a New Zealand citizen who holds a special category visa.
related or associated party
A person is related to or associated with another party when:
(i) one is the spouse/domestic partner of the of the other;
(ii) they are related by blood, marriage or adoption;
(iii) they are a shareholder or director of the other party, being a company;
(iv) they are a beneficiary of a trust for which the other party is a trustee; or
(v) the transaction is otherwise not at arm's length.
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.
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.
residential property
Land on which there is a building which is a lawfully occupied residence or suitable for occupation as a residence.
spouse
A person is the spouse of another if they are legally married to each other, or are de facto spouses of each other.
This page was last reviewed 5 January, 2012
