The definitions used below are intended as a guide. The meaning of the terms are defined in the First Home and Housing Construction Grants Act 2000.

Applicant

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

Approved Agent

An organisation approved by RevenueSA that is authorised to process applications for the First Home Owner Grant.

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), registered conveyancer, magistrate, notary public, police officer, bank manager and officers of RevenueSA.

Close Personal Relationship

Means the relationship between two 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:

  • the relationship between a legally married couple; or
  • a relationship where one 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

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

The commencement date of an eligible transaction is:

  • in the case of a contract:
    • the date when the contract is made;
  • in the case of the building of a home by an owner builder:
    • the date when laying the foundations for the home commences; or
    • another date the Commissioner of State Taxation considers appropriate in the circumstances of the case.

Commissioner

Commissioner of State Taxation, RevenueSA.

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 the applicant is registered on the Certificate of Title.

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

  • in the case of a contract for the purchase of a home:
    • the purchaser becomes entitled to possession of the home under the contract; and
    • 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;
  • in the case of a contract to have a home built the building is ready for occupation as a place of residence;
  • 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/ 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 is ready for occupation.

Consideration

Purchase price or cost of construction of the home.

Domestic Partner

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

Eligible Transaction

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

Genuine Farm

The land is to be used for primary production by the applicant(s) seeking the first home owner grant; and the land is, by itself, or in conjunction with other land owned by the applicant(s), capable of supporting economical viable primary production operations.

The relevant component of the genuine farm for the purposes of determining the value for the first home owner grant is the home and curtilage or the part of the land that is to constitute the site and curtilage of the home that is to be built.

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 of State Taxation’s opinion, a suitable building for use as a place of residence.

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 of State Taxation considers that the total consideration payable for the building work may be less than 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*.

* if land is purchased within 12 months of the building contract being executed and is in relation to an arms length transaction, the consideration paid for the land may be used as the market value.

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 when the eligible transaction is completed (this generally means when the building is ready for occupation as a place of residence).

Natural Person

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

New Home

A home that has not been previously occupied or sold as a place of residence, including a substantially renovated home.

Notifiable Event

When any part of the eligibility criteria is not met, the applicant(s) must notify the Commissioner of State Taxation 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 an apartment in a multi-unit residential building where people live above and below each other.

Owner

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

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

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

Principal place of residence & residence requirement

The home you primarily reside in. This home must be occupied by each applicant for a continuous period of at least 6 months, commencing within 12 months of the completion of the eligible transaction.

Related or associated party

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

  • one is the spouse/domestic partner of the other;
  • they are related by blood, marriage or adoption;
  • they are a shareholder or director of the other party, being a company;
  • 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 and Housing Construction Grants Act 2000.

Each person acquiring a relevant interest must be an applicant on the First Home Owner Grant Application form.

Residential Property

Land in Australia on which there is a home which can be lawfully occupied and is suitable for occupation as a place of residence. This includes houses, townhouses, units, flats, duplexes, converted warehouses and fixed movable homes.

Spouse

A person is the spouse of another if they are legally married.

Substantially Renovated Home

A home is a substantially renovated home if:

  • the sale of the home is, under the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth), a taxable supply as a sale of new residential premises within the meaning of Section 40-75(1)(b) (Meaning of new residential premises); and
  • the home, as renovated, has not been previously occupied or sold as a place of residence.

Title Search

A search on the land which shows the names of the registered owners. A title search can be obtained from Land Services SA.

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