Most helpful replyATO Certified Response
Author: KylieATO(Community Support)Community Support ATO Certified Response7 Sept 2022
Hi @tarara,
Thankyou for your patience.
If you’ve never owned property in Australia, including vacant land, you can access eligible super contributions under the FHSS scheme to buy your first home. The FHSS rules don’t specify which home, so long as it’s located in Australia and it’s your first home.
You can also buy a home jointly, so there’s no issue if you’re buying into your partner’s property. If you are buying into your partners property, you will need to keep a copy of the purchase contract in case we ask to see it in the future and you will also need to notify us of the date you signed the contract.
You cannot use the FHSS scheme to pay for renovations.
You can check out who is eligible to request a determination on our FHSS webpage.
If you’re intending on building a property, you must have requested a FHSS determination before you sign any contract to buy or build a home and/or purchase land. You must have a final determination issued prior to signing a contract, if you do not have a FHSS determination before signing a contract, you’ll forfeit the ability to use your FHSS savings.
When it comes to requesting release of your FHSS savings:
when building a new home on vacant land and you have signed a contract to build the home, you have up to 14 days to request release of your savings
if you’re buying an established house, you also have 14 days to request your release once the contract to purchase is signed
In both cases, if you have requested a release of your FHSS savings but not signed a contract to buy or build your first home, you have up to two years to sign a contract. But remember you must have requested your last FHSS determination before signing a contract to buy any property, including land, off the plan or an established home. If you have signed a contract for any form of real property, you are no longer eligible to request a FHSS determination.