The Move In Rules Behind Every First Home Scheme

You've found a place in Wyndham Vale, just under $600,000. No stamp duty, 5% down, and the keys are close.

Then your partner mentions a work posting that might come up next year. Or a mate says you could rent it out for a year and move in later.

Every first home scheme in Victoria has a rule about living in the home. They don't all say the same thing, and the gaps between them are where people get caught.

Why the move in rules exist

The schemes are there to help people buy a home, not an investment. So each one asks you to actually live there, for a set time, starting within a set window.

Miss it and the help can be taken back. That might mean paying the duty you were let off, handing back a grant, or losing the guarantee on your loan.

Stamp duty and the First Home Owner Grant

Both are run by the State Revenue Office, and their rules line up.

• Stamp duty exemption or concession. No duty up to $600,000, with a sliding concession to $750,000. You need to live in the home as your main residence for at least 12 months, starting within 12 months of settlement.
• First Home Owner Grant. The $10,000 grant is for new homes up to $750,000. At least one of you has to live there for at least 12 months, starting within 12 months of settlement or of the build finishing.

If you can't meet the grant's rule, the SRO says you need to tell them in writing within 14 days and repay it. If the duty rule isn't met, the duty you didn't pay becomes payable.

Australian Defence Force members are exempt. Everyone else is on the same clock.

The 5% Deposit Scheme

The federal scheme lets you buy with a 5% deposit and no lenders mortgage insurance, up to $950,000 in Melbourne and Geelong.

Its timing is tighter. For an established home, you generally need to move in within six months of settlement. For a house and land package or off the plan, it's six months from the occupancy certificate.

Then you keep living there while the guarantee is on the loan. It normally drops off once your loan falls below 80% of the home's value.

If you're weighing up schemes and you're not sure your plans will hold still, book a chat. We'll walk you through how each set of rules fits around your timing.

Help to Buy

Help to Buy is the shared equity scheme. You put in as little as 2%, and the government takes a share of the home.

Because the government co-owns it, the rule doesn't run out after a year. The home has to stay your main residence the whole time you're in the scheme.

You can't rent it out, run a business from it, or treat somewhere else as your main home. There are exceptions, but they need written approval from Housing Australia first.

First Home Super Saver

If you've saved part of your deposit in super, the ATO has its own test.

You need to genuinely intend to move in as soon as it's practical. Then you need to live there for at least six of the first 12 months from that point.

If it doesn't happen, you may have to put the money back into super or pay an extra tax on it.

Where the rules collide

Picture a couple in Tarneit stacking three of these at once. No duty, 5% down with the guarantee, and their super savings in the deposit.

They now have three clocks. Six months to move in for the guarantee. Twelve months for the duty. Six of the first 12 months for the super money.

Renting it out for the first year would fail all three.

• Know your earliest deadline. On the 5% scheme with an established home, it's usually six months.
• Check your lease. A rental that runs well past settlement can eat into that window.
• Think a year or two ahead. A posting, a new job or a baby can change where you live. It's worth knowing how each scheme treats that before you sign.

This is general information about how the schemes work, not advice about your situation. The right mix depends on your plans, and those are yours to weigh up.

We've helped over 100 first home buyers into the market, and lining up these clocks is a big part of it. If you'd like to talk through how the rules would apply to you, book a chat.

Let's get you into a home.

Figures verified 20 October 2026 against the State Revenue Office Victoria, firsthomebuyers.gov.au, the Help to Buy FAQ and legislative instrument, and the ATO.