On 24 June 2025, the State Taxation Acts Amendment Act 2025 (Vic) received Royal Assent. This legislation amends the Duties Act 2000 (Vic) and First Home Owner Grant and Home Buyer Schemes Act 2000 (Vic) to enable victim-survivors of family violence to requalify for first home buyer benefits despite having received first home buyer benefits for an earlier purchase or having a prior relevant interest in a residential property.
Family violence is defined by reference to the Family Violence Protection Act 2008. It refers to behaviour by a person towards a family member if that behaviour is abusive (for example, physical, sexual, emotional or economical abuse), threatening, coercive or controlling in some other way that presents a risk to safety. It also includes where a child hears, sees or is otherwise exposed to such behaviour.
Additional FHOG and first home buyer concession eligibility
If you are a victim-survivor of family violence and have previously received first home buyer benefits for a purchase of a home (i.e. first home owner grant and or first home buyer duty exemption or concession), or you have a prior relevant interest in residential property, you may be eligible to access first home buyer benefits for another purchase if you:
- left the home for which you received first home buyer benefits, or left the home that is a prior relevant interest, due to family violence
- will be the sole or joint owner of the new home
- live in the new home as your PPR for a continuous period of at least 12 months, starting within 12 months of the date of settlement or completion of construction
- have not, and will not, receive a financial benefit from the previous property
- any current partner meets the eligibility requirements.
A financial benefit includes rent received from the previous home, enjoying profits from the sale of the home and can also include a financial settlement from the dissolution of assets of a relationship where the home was taken into account as an asset.
Documents required to support your application for first home buyer benefits could include:
- details of your previous address, purchase price and ownership details, including whether you have been known by any other name
- details of any financial settlement with your previous partner for the breakdown of the relationship
- a declaration, such as an affidavit or statutory declaration, confirming relevant details
- any other supporting information such as medical documents, court documents and police statements/reports.
If you are unable to meet the residence requirement for a new home due to family violence
If you have experienced or are experiencing family violence and because of this you are not able to meet the whole 12-month residence requirement within the requisite time for first home buyer benefits, please contact us. You may be eligible for a variation of the requirement.
If you have experienced or are experiencing family violence and because of this are unable to move into the home at all, you may be eligible for ex gratia relief, so you don’t have to pay back first home benefits received (essentially a waiver of the residence requirement).
To qualify for this relief, you will need to show you have not, or will not, receive a financial benefit from the home (see above for what ‘financial benefit’ means).
Documents to support your claim could include:
- details of any financial settlement with your previous partner for the breakdown of the relationship
- a declaration, such as an affidavit or statutory declaration, confirming relevant details
- any other supporting information such as medical documents, court documents and police statements/reports.
Apply for first home buyer benefits/variation of residence
To apply for first home buyer benefits/variation or waiver of the residence requirement, or if you would like to discuss your specific circumstances, please write to us (select the ‘Family and domestic violence’ category) or contact us by phone.
Access support
If you or someone you know needs help, there are a wide range of family violence support services available.
