Land acquisition - Solatium

Solatium payments

You may be eligible for a backdated solatium payment if the property you owned or lived in was acquired by a NSW government authority between 26 February 2014 and 17 October 2016.

The NSW Government has increased the maximum solatium from $27,235 to $75,000.

What is involved?

Step 1: You register

To register, you need to provide some details, including your name and contact details and the address of the property that was acquired.

Step 2: We check

We will check and confirm your eligibility and advise you of the outcome. In straightforward cases, we will assess your eligibility within 21 working days.

If you are eligible, we will calculate the amount owing to you and prepare a Deed of Release for you to sign.

We will contact you if we need more information from you.

Step 3: You sign

We will send you a legal document, called a Deed of Release, for you to complete and send back to us.

Step 4: We pay

Once we have checked your completed Deed of Release, we will make payment into your nominated bank account within 7 working days*.

We will contact you if we need more information, and we will let you know when your payment has been made.

Facts and definitions

Solatium

A solatium is a compensation paid to someone whose home has been acquired by a government authority, in addition to payment for the market value of the property.

Solatium increase

The NSW Government has increased the maximum solatium payable to $75,000. Land owners and others, such as residential tenants, who were paid solatium, will receive the difference between $75,000 and the amount of solatium they received from the acquiring authority (or a pro rata amount if less than the maximum solatium amount was paid).

Eligibility

To be eligible for payment:

  • former land owner/s must have received solatium during the land acquisition, and

  • the date of exchange of contracts in relation to an agreed land acquisition, or the date of gazettal of notice of compulsory acquisition, must be on or after 26 February 2014 and before or on 17 October 2016.

Solatium increase calculation

The amount of the increased solatium will be the difference between the solatium already paid to you and the new maximum of $75,000 (or the pro rata amount).

Date of acquisition

Maximum solatium

Maximum additional solatium

26 February 2014 to 31 March 2014

$25,595

$49,405

1 April 2014 to 31 May 2015

$26,260

$48,740

1 June 2015 to 31 May 2016

$26,710

$48,290

1 June 2016 to 17 October 2016

$27,235

$47,765

Pro rata

The maximum solatium was not always paid. Eligibility was determined by factors such as the length of time you resided in the property or whether all or only part of your land was acquired. For example, if you received 40 per cent of the maximum amount, you will receive 40 per cent of the increased maximum of $75,000 (less what you have already received).

Pro rata example

Date property was exchanged 20 March 2015

Maximum solatium for that period $26,260

Amount received 40% of $26,260 (pro rata amount) $10,504

Amount payable if maximum amount received is $75,000 - $26,260 = $48,740

Additional amount you will receive ($48,740 x40%) = $19,496

Changed status

If you and your partner received solatium and now your status has changed due to separation or divorce, you will need to complete the Deed of Release and include both your bank details so the payment can be split as agreed by you. Please note that both partners will need to sign the Deed of Release.

Owner deceased

If the former land owner is deceased, the payment may be made to their estate or to the beneficiaries. If the payment is made to beneficiaries, it will be made in according to the will. The Deed of Release should be completed by either the executor/s of the estate or the beneficiaries. All executors or all beneficiaries must sign the Deed of Release. A copy of the probate/will or a copy of the Letter of Administration must be provided as evidence.

Contact

If you have any questions or require assistance, please contact us.

Phone 1300 303 581
8.00am - 4.30pm Monday to Friday
Email solatium@osr.nsw.gov.au

For more information about how land acquisitions are managed in NSW, visit landacquisition.nsw.gov.au.

Last updated: 30 March 2017