Criterion 5—Residence requirement
12 Criterion 5—Residence requirement
An applicant for a first home owner grant must occupy the home to which the application relates as the applicant's principal place of residence for a continuous period of at least 6 months (or a shorter period approved by the Commissioner) (the residence period), commencing within 12 months after completion of the eligible transaction (or within a longer period approved by the Commissioner) (the completion period).
The
Commissioner may exempt an applicant (the non-complying applicant) from the residence requirement if—
the applicant is one of 2 or more joint applicants for a first home owner grant; and
at least 1 of the applicants complies with the residence requirement;
and
there are, in the Commissioner's opinion, good reasons to exempt the non‑complying applicant from the residence requirement.
The
Commissioner may, if the Commissioner considers there are good reasons for doing so, vary an applicant's residence requirement at any time (including after the end of the period allowed for compliance with the residence requirement) by approving a shorter residence period or a longer completion period (or both).
If the Commissioner varies a residence requirement under subsection (3), the requirement as varied will be taken to have been the applicant's residence requirement from the date of the determination of his or her application.
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