Stamp Duties Consolidation Act 1999 section 91

New dwellinghouses and apartments with floor area certificate

Section 91 provided an exemption from stamp duty for the purchase of a new dwellinghouse or apartment on its erection, provided a floor area certificate was in place and the property was occupied as the purchaser's only or principal residence for five years.

• The section exempted from all stamp duties an instrument giving effect to the purchase of a new dwellinghouse or apartment on its erection.
• A floor area certificate from the Minister for the Environment and Local Government was required, confirming the property's total floor area fell within prescribed minimum and maximum limits.
• The instrument had to contain a statement certifying owner-occupation as the only or principal residence for five years, with no rent or rent-like payment derived from the property during that period (subject to limited exceptions).
• The section only applied to instruments executed before 1 April 2004 and is now spent.