New South Wales Consolidated Acts

FIRST HOME OWNER GRANT ACT 2000 - SECT 18C

18C NSW new home buyers supplement

(1) For the purposes of this Act, an eligible transaction qualifies for the NSW new home buyers supplement if it qualifies for the NSW new home buyers supplement under this section.

(2) An eligible transaction that is a contract for the purchase of a new home (other than a contract for an “off-the-plan” purchase of a new home) qualifies for the NSW new home buyers supplement if the contract is made on or after 11 November 2008 and on or before 30 June 2010.

(3) An eligible transaction that is a contract for an “off-the-plan” purchase of a new home qualifies for the NSW new home buyers supplement if:

(a) the contract is made on or after 11 November 2008 and on or before 30 June 2010, and

(b) the contract states that the eligible transaction must be completed on or before the required completion date or, in any other case, the eligible transaction is completed on or before the required completion date or by such later date as the Chief Commissioner may allow for delay caused by circumstances beyond the control of the parties.

(4) An eligible transaction that is a comprehensive home building contract to have a home built qualifies for the NSW new home buyers supplement if:

(a) the contract is made on or after 11 November 2008 and on or before 30 June 2010, and

(b) the laying of the foundations for the home begins within 26 weeks after the contract is made, or any longer period the Chief Commissioner may allow for delay caused by circumstances beyond the control of the parties, and

(c) the building work is completed within 18 months after the date the laying of the foundations for the home begins, or is completed within such longer period as the Chief Commissioner may allow for delay caused by circumstances beyond the control of the parties.

(5) An eligible transaction that is the building of a home by an owner builder qualifies for the NSW new home buyers supplement if:

(a) the commencement date of the eligible transaction is on or after 11 November 2008 and on or before 30 June 2010, and

(b) the transaction is completed within 18 months of the commencement date, or is completed within such longer period as the Chief Commissioner may allow for delay caused by circumstances beyond the control of the owner builder.

(6) However, an eligible transaction that is a contract does not qualify for the NSW new home buyers supplement if the Chief Commissioner is satisfied that:

(a) the contract replaces a contract made before 11 November 2008, and

(b) the replaced contract was a contract for the purchase of the same home or a comprehensive home building contract to build the same or a substantially similar home.

(7) In this section:
"contract for an “off-the-plan” purchase", of a new home, means a contract for the purchase of the home on a proposed lot in an unregistered plan of subdivision of land.
"new home" has the same meaning as it has in section 18A.
"required completion date" means:

(a) for a contract made on or after 11 November 2008 and on or before 10 November 2009, 10 May 2011, or

(b) for a contract made after 10 November 2009 and on or before 30 June 2010, 31 December 2011.