From 1 July 2026, changes to the Home Buyer Concession Scheme (HBCS) have come into effect.
These changes mean that many home buyers in the ACT will not need to pay conveyance duty (sometimes called stamp duty) regardless of the value of the property and regardless of the buyer’s income.
All first home buyers can apply for this duty exemption. However, it is not limited only to first home buyers.
Am I eligible?
To be eligible, you must meet the following requirements:
- Date: the contract for sale must be dated on or after 1 July 2026.
- Ownership: all buyers must be adults, must buy in their individual capacities (and not through a company, partnership or trust), and must become the owners of the property at settlement.
- 5 year rule: none of the buyers (or their domestic partner or spouse) can have had an interest in any land in the five years before the contract was signed.
- Residence rule: at least one buyer must start living in the property within one year after settlement and must continue to live in it for a full year after that. If there was no building on the land when it was bought, at least one buyer will need to start living on the land within one year after a home was built on it.
The 5 year rule applies to ‘legal and equitable’ interests in land held during that period. Working out whether this rule has been met can sometimes be challenging, and you may need legal assistance.
What has changed?
Two requirements that existed before 1 July 2026 have been removed.
Under the old rules, a buyer (and their domestic partner) had to have a combined income of less than $250,000 (with an additional allowance depending on the number of children).
It was also not a complete exemption from duty. No duty was payable for if the property was valued at $1,020,000 or less, and there was a discount for some purchases above that limit.
Under the new rules, eligible buyers will not be required to pay duty on any purchase. Their income level and the value of the property will not matter.
Exceptions to the 5 year rule and residence rule
There are some exceptions to the 5 year rule. For example, if you sold a property on behalf of an estate, transferred land because of a family law separation, or have experienced family violence, you might still be eligible for this exemption. However, you need to carefully check the exemption rules and make sure you have the required evidence.
There are very limited exemptions to the residence rule. They will generally be available if unexpected circumstances prevent you from living in the property – such as a health emergency or damage to the property caused by natural disaster.
These exceptions need to be considered carefully, on a case-by-case basis, and with proper legal advice. You should never assume that an exception will apply in your circumstances.
Other concessions are still available
Other conveyance duty concessions and exemptions that existed before 1 July 2026 will continue to apply. Some other existing concessions and exemptions, including for pensioners and NDIS participants, have also been expanded from 1 July 2026.
If your contract was signed before 1 July 2026, your purchase will be assessed based on the rules that applied at the date of your contract.
How do I apply?
To claim a concession, you will need to complete a buyer verification declaration form and include a concession code as part of the declaration. Your solicitor will normally tell you how to complete this form and advise you what code to include.
Need Help?
This article is general information only. Whether you are eligible for a duty concession or exemption will depend on your specific, personal circumstances.
If you apply for an exception that you were not eligible for, you may be required to pay the duty plus interest or other penalties. You should get legal advice about any exemptions you wish to claim before you sign your contract and commit to purchasing a property to avoid any unpleasant surprises.

elringtons lawyers regularly provide legal advice in relation to a range of property and conveyancing matters across the ACT and NSW. Please contact our Property and Conveyancing Team for more information or to make an appointment:
Call (02) 6206 1300 or email info@elringtons.com.au
This was published on 1 July 2026 and is current as at that date.








