FHOG Lodgement Guide: Terms used

Definitions of the terms used in the FHOG Lodgement Guide.

The terms below are used throughout this lodgement guide and in the application form.

Terms used
Term Definition
26th parallel A circle of latitude 26 degrees south of the equator. For example, in WA, Denham is north of the 26th parallel and Kalbarri is south of the 26th parallel.
Applicant A person applying for the grant or first home owner rate of duty who, on completion of the purchase or construction, will hold a relevant interest in the land on which the home is built.
Approved Agent A financial institution (e.g. bank) authorised to process applications. Most lenders are approved agents.
Australian citizen A person who has citizenship under the Australian Citizenship Act 1948 (Cth).
Cap amount The first home owner grant cap amount for a home south of the 26th parallel is $750,000, and north of the 26th parallel is $1,000,000.
Commencement date of the eligible transaction Date of contract to purchase or build a home or, for an owner builder, the date you commence laying the foundations.
Commissioner Commissioner of State Revenue, Western Australia.
Completion of the eligible transaction For a contract to purchase a home, when the applicant acquires the relevant interest in the land on which the home is built.

When building a home, when the building is ready for occupation as a place of residence, and the applicant is registered on the Certificate of Title.

You usually acquire the relevant interest on the date of settlement.

Contract to build A comprehensive building contract in which a builder agrees to build the home from the time building starts to when it is finished and ready for occupation.
Consideration Purchase price or cost to construct the home.
De facto partner A person who, on the commencement date of the eligible transaction, is living in a de facto relationship with the applicant and has lived on that basis for at least two years.

See Revenue Ruling FHOG 4 ‘De facto partners’ on our website for more information.

Eligible transaction Contract for the purchase of a home, contract to build a home or construction of a home as an owner builder commencing on or after 1 July 2000 that does not exceed the cap amount or duty threshold.
First home owner rate of duty A concessional rate of duty that may apply to an eligible transaction if the unencumbered value of the home is less than $530,000 or for the purchase of vacant land if the unencumbered value of the land does not exceed $400,000.
Established home A home that has been previously occupied, and is lawfully fit for occupation, as a place of residence.
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 a trust.
New home A home that has not previously been occupied or sold as a place of residence. This may include the purchase of a substantially renovated home.
Notifiable event When any part of the eligibility criteria is not met. The applicant(s) must notify the Commissioner within 30 days.
Off the plan A contract for the purchase of a home on a proposed lot in an unregistered plan of a subdivision of land.
Owner A person who has a relevant interest in land on which a home is built.
Owner builder A land owner land who builds a home or has a home built on the land without entering into a contract to build.
Permanent resident A person who holds a permanent resident visa under s30 of the Migration Act 1958 (Cth), or a New Zealand citizen who is the holder of a special category visa under s32 of the Migration Act.
Principal place of residence The home you primarily reside in. It must be occupied by all applicants for a continuous period of at least six months commencing within 12 months of completion of the eligible transaction.

See Commissioner’s Practice FHOG/DA 40 ‘Principal place of residence’.

Related or associated party A person is related to or associated with another party when:
  • one is the spouse/de facto 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 legal interest in the land on which the home is purchased or constructed. Usually this will be held by the person(s) registered as proprietor on the Certificate of Title. This is commonly an estate in fee simple. Other forms of interest are defined in the FHOG Act. Each person acquiring a relevant interest must be an applicant for the grant and/or first home owner rate of duty.
Residential property Land in Australia on which there is a home which is lawfully occupied, or suitable for occupation, regardless of whether the applicant has occupied it or not. This includes houses, townhouses, units, villas, flats, duplexes, converted warehouses, fixed transportable, moveable homes and farmsteads or homesteads.

An applicant who owned a residential investment property before 1 July 2000 is not eligible for the grant, whether the applicant occupied it or not.

Spouse A person who is legally married to another person.
Substantially renovated home A home that:
  • is the subject of a contract to purchase a home and
  • the sale of which is a taxable supply as a sale of new residential premises as defined under sections 40-75(1)(b) of the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and
  • as renovated, has not been previously occupied, or sold, as a place of residence.

See Commissioner’s Practice FHOG 7 ‘Substantially Renovated Homes’.

Title search A search on the land which shows the names of the registered owners. Obtain a title search from Landgate
Total value For a new, established or off the plan home – the greater of the consideration or the unencumbered value.

For a contract to build – the total of the consideration and the unencumbered value of the land.

For an owner builder – the unencumbered value of the home at the date the transaction is completed (i.e. total value of the home and land).

Unencumbered value The value without an encumbrance, such as mortgage or loan.

For a detailed definition of the term as it applies to the grant, see section 14AE of the FHOG Act, or section 31 of the Duties Act in reference to a dutiable transaction.

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