About the New July 2026 Scheme
On 4 June 2026, South Australia's Treasurer, Tom Koutsantonis MP, approved an ex gratia support scheme for survivors of family, domestic and sexual violence who are attempting to re-build their housing security by building new or purchasing an existing home.
This scheme intends to help vulnerable surviving victims leave dangerous home situations and re-establish themselves in secure, independent housing.
Qualifying for Stamp Duty Relief under this Scheme
In order qualify for ex gratia relief, an applicant must satisfy all of the following criteria, being:
1. The Previous Home was Vacated Due to Family, Domestic or Sexual Violence;
Whereby the applicant must have vacated the home that gives rise to their disqualification from first home buyer relief at the relevant time, being a home for which first home buyer relief was previously received, and/or that constitutes a prior relevant interest, due to family, domestic or sexual violence experienced by the applicant or by their dependent child.
2. No Material Financial Benefit Received or Receivable;
Prior to entering into an eligible transaction for their next home, the applicant must not have:
For the purposes of this criterion, a financial benefit includes (but is not limited to):
Notably, an applicant is taken to be entitled to receive a financial benefit only where a legally enforceable right to such benefit actually exists. For example, unresolved court proceedings, negotiations, or contingent claims do not independently constitute the receipt of, or entitlement to, a financial benefit.
Minor or incidental benefits may be disregarded at the discretion of the Commissioner of State Taxation.
3. First Home Buyer Criteria Met;
The applicant (and, if applicable, their spouse or domestic partner) must otherwise meet all eligibility requirements for stamp duty relief for eligible first home buyers, the first homeowner grant, or for both, in relation to the home they are purchasing or building.
This includes the requirement to live in the new home as a principal place of residence for a continuous period of at least 12 months from settlement or completion of construction.
In the instance that family, domestic or sexual violence prevents an applicant from meeting the residency requirements, the applicant may still be eligible for support, such as:
- If an applicant is unable to meet the whole 12-month residency requirement, they may be eligible for a variation; and/or
- If an applicant is unable to move into the home at all, they may be eligible for a waiver so they do not have to pay back first home benefits received.
4. Supporting Evidence Provided;
Documents required to support an application for ex gratia relief or a variation to or waiver of the 12-month residency requirement may be required, including:
Available Relief
Upon meeting the eligibility criteria, applicants may receive ex gratia relief equivalent to:
- full stamp duty relief on the purchase of a new or established home, or of vacant land upon which a home will be constructed; and/or
- reinstatement of their first homeowner grant (in relation to the purchase or construction of a new home only).
Applicants purchasing an established home will only be eligible for stamp duty relief. Relief equivalent to the First Homeowners Grant will only be available for new homes.
Notably, Lands Titles Office fees, including fees associated with property transfers and registration requirements, will remain payable by the applicant, and are not covered by this scheme.
If an applicant's circumstances fall outside the eligibility criteria, or if they are unsure whether they meet the requirements, they may still be eligible for a grant of some form of relief.
Revenue SA has suggested that each situation is to be considered on its individual merits, and discretion may be exercised where appropriate to ensure a fair and compassionate administration of this scheme.
For legal advice tailored to your situation, contact Wadlow Solicitors or call (08) 8212 2955 and schedule an appointment with our team.
