Stamp Duties Consolidation Act 1999 section 91A

New dwellinghouses and apartments with floor area compliance certificate

Section 91A provided a stamp duty exemption for the purchase of newly built dwellinghouses or apartments that met specified floor area limits, subject to owner-occupation conditions and the holding of a valid floor area compliance certificate.

• Full exemption from stamp duty applied to instruments giving effect to the purchase of a dwellinghouse or apartment on its erection.
• A floor area compliance certificate was required, issued by the Minister for the Environment, Heritage and Local Government, confirming the property had a total floor area of not less than 38 square metres and not more than 125 square metres.
• The purchaser had to occupy the property as their only or principal place of residence for two years, with no rent permitted other than rent received from letting part of the property as furnished residential accommodation.
• A clawback of the duty that would otherwise have been chargeable, plus interest, applied where the conditions were breached; the section did not apply to instruments executed on or after 8 December 2010.