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ReverseEngineer(Newbie)Newbie
29 Apr 2026

Hi,

I am in the process of buying a block of land and finalising the build contract together under First Home Guarantee Scheme (5% Deposit).

I have signed a conditional contract for the land on 21st April 2026. Settlement happens 21 days after the contract goes unconditional (90 days of condition - to finalise build contract).

I have determination on 11 March 2026 and 23rd April 2026 (after signing the contract).

Information on ATO is a bit confusing with its terms of relevant interest in property and must get determination before signing the contract.


Example 9 on this ATO page is what resonates the most.


However, Can you confirm if this is the right and I can use the determination from 23 April or even get a new determination closer to settlement date (given I leave enough timeframe for the funds to actually hit my bank account before settlement)?


Thanks

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88 views
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RachelATO(Community Moderator)Community Moderator
30 Apr 2026

Hi @ReverseEngineer,

 

Given you meet the eligibility requirements, you can use a FHSS determination that was issued before you obtained any relevant interest in the property. Signing a conditional contract won’t give you a legal interest in the land, this happens at settlement.

 

This means you can use your existing determination that was issued before settlement. You can also request a new determination at any time before settlement if you want it to include any additional eligible contributions.

 

If you choose to request another determination or proceed with submitting a release request, make sure you:

  • check the determination details carefully before submitting
  • allow enough time for the release to be processed before settlement, and
  • notify us within 90 days of signing the contract.

 If you’re still unusure, best to phone our super team.

 

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When does ownership start for FHSS determinations when buying land? | ATO Community