Residency requirements
- When do I have to take up occupancy?
At least one applicant must take up occupation of the home as their principal place of residence within 12 months of settlement or completion of construction.
Where an applicant was a member of the permanent forces of the Australian Defence Force and all applicants were enrolled on the NSW electoral roll as at the commencement date of the eligible transaction dated on or after 21 October 2009, then all applicants are exempt from the residency requirement.
- When does the Australian Defence Force residency exemption apply from?
Where the eligible transaction (eg: Agreement for Sale) is dated on or after 21 October 2009.
- I belong to the Australian Defence Force. Do any applicants have to reside in the home?
Where an applicant as at the commencement date of the eligible transaction was a member of the permanent forces of the Australian Defence Force and all applicants were enrolled on the NSW electoral roll, all applicants are exempt from the residency requirement.
- I am an Australian Defence Force Reservist. Am I exempt from the residency requirement?
No. Members of the Army Reserve, Naval Reserve or Air Force Reserve are not exempt. Only members of the permanent forces of the Australian Defence Force, being the Regular Army, the Permanent Navy and the Permanent Air Force are exempt from the residency requirement.
- I am buying the home in my name only and I do not belong to the Australian Defence Force but my spouse/partner does. Am I required to meet the residency requirement?
Yes. You are only exempt from the residency requirement when an applicant as at the commencement date of the eligible transaction was a member of the permanent forces of the Australian Defence Force and all applicants were enrolled on the NSW Electoral Roll.
- I was not enrolled on the NSW electoral roll as at the commencement date of the eligible transaction but I was in the Australian Defence Force. Am I exempt from the residency requirement?
No, you will need to meet the residency requirement as all applicants must have been enrolled on the NSW electoral roll.
- I am retired from the Australian Defence Force. Am I exempt from the residency requirement?
No, you will need to meet the residency requirement. However, if you were as at the commencement date of the eligible transaction a member of the permanent forces of the Australian Defence Force and all applicants were enrolled on the NSW electoral roll then all applicants are exempt from the residency requirement.
- How long must I reside in the property to establish it as my principal place of residence?
An applicant must reside in the home as their principal place of residence for a continuous period of 6 months commencing within 12 months of completion of the eligible transaction. The onus is on the applicant(s) to prove that they have lived in the property as their principal place of residence, when requested by the Office of State Revenue.
- If there are joint applicants, must all the applicants reside in the home?
No. Only one applicant is required to occupy the home as their principal place of residence within 12 months of completion of the eligible transaction to which the application relates.
- Is it possible to rent the home out before I move in?
You may rent out the property before you move in, provided that you occupy the home as your principal place of residence within the specified 12 months.
- Once I move into the home, is it possible to rent out one or more rooms in the home?
If your personal living arrangements do not impinge on your ability to make the home your principal place of residence, the Commissioner would be satisfied that the residency requirement has been met.
