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psharma610(I'm new)I'm new
25 Mar 2026

Hello


I have a question regarding the timing of determination and release request for FHSS for buying land and building house.


I have a FHSS determination on hand, and I want to purchase a land 'off the plan' that is not ready yet, and will be ready 6 months later. I have been asked by the estate developer to pay a $2000 deposit to affirm my intent to purchase the lan when it becomes available 6 months later. After I make the deposit, they will send me a Contract of Purchase for the "Off-the-Plan" land for me to sign. They will then contact me 90 days before land is ready for settlement - and this is the stage when I need to apply for bank loans, make the settlement to get ownership of the land and start building.


I do not want make a FHSS release request as yet, because I will only need the money about 6 months later, and not now.


My question is :

1.Does signing the Contract of Purchase for the "Off-the-Plan" land make me ineligible for applying for FHSS release?

2.What does the 90 days after entering into a purchase contract mean in my scenario?

115 views
1 replies
115 views
1 replies

All replies

KaraATO(Community Support)Community Support
25 Mar 2026

Hi psharma610,

 

One important rule is that you must ask for your FHSS determination before settlement. Settlement is the point where the property becomes yours.

 

This is also given:

 

For off‑the‑plan purchases, the contract might be only for the land, or it might include both the land and the build. These might settle at different times, so it’s important to think about when each part will settle, not just when you sign the contract. (example 10 on the General Notice 2024/1 is a good example to review).

 

For your situation of an off-the-plan purchase, it may involve:

  • separate contracts, with one covering purchase of the land and another covering construction of a home on that land, or
  • a single contract covering everything.

 

Your timing rules depend on when your FHSS determination was made. If it was issued on or after 15 September 2024, the allowed time to sign a contract starts 90 days before you request your FHSS release and ends 12 months after your release request (with up to 12 extra months if needed).

 

When signing the contract before making your release request, you must also notify us within 90 days of signing.

 

If you've made more eligible contributions since your original determination, you can request a new determination before submitting your release request. It will usually take between 15 and 20 business days from when you request release until we pay any released amount to you.

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FHSS - Timing of Determination and Release Request | ATO Community