- The items listed below are not links. They indicate where you are in this process.
Conclusion fixed duty
Conclusion Not liable
1 September 2007
Duty is not chargeable on advances made to a natural person/s on or after this date in connection with owner occupied housing. This includes refinancing an owner occupied home loan.
1 July 2008
Duty is not chargeable on advances made to a natural person/s on or after this date for investment housing.
A Caveat is a warning. It is an entry made in the books of the offices of a registry or court to prevent a certain step being taken without previous notice being given to the person entering the Caveat.
In general, caveats are not liable to duty and do not require stamping or notation.
However, where a Caveat is used to protect the interests of a mortgagee under an unregistered mortgage, the Caveat becomes liable to duty as if it where a mortgage.
Select start to find out whether your caveat is liable to duty.
- Duties Act 1997 - Section 227 'Unregistered mortgages protected by caveats (anti-avoidance provision)'
- Duties Act 1997 – Section 221A 'Exemptions for mortgages associated with housing - definitions'
- Duties Act 1997 – Section 221B 'Mortgages associated with owner occupied housing'
- Duties Act 1997 - Section 221C 'Mortgages asscoiated with investment housing'