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Help to Buy Program Directions 2025
In force
Administered by
Department of the Treasury
This item is authorised by the following title:
Help to Buy Act 2024
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F2025L00682
13 June 2025
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Part 1—Introduction
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Division 1—Preliminary
1 Name
2 Commencement
3 Authority
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Division 2—Simplified outline of this instrument
4 Simplified outline of this instrument
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Division 3—Definitions
5 Definitions
6 Definition of adequately insured
7 Price caps
8 Single and joint income thresholds
9 Indexing the income thresholds
10 References to participants
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Part 2—Entering into Help to Buy arrangements
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Division 1—Introduction
11 Simplified outline of this Part
12 Application of this Part
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Division 2—When can Housing Australia enter into a Help to Buy arrangement?
13 Housing Australia can only enter into arrangements where this instrument permits
14 Housing Australia may enter into arrangements with one or more applicants
15 Circumstances in which Housing Australia may revoke approvals
16 Minimum and maximum contributions to purchase price
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Division 3—Who is an eligible applicant?
17 Who is an eligible applicant?
18 Exception to requirement not to hold interest in real estate
19 Income test for single and joint applicants
20 Financial capacity test for single and joint applicants
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Division 4—What is an eligible property?
21 What is an eligible property?
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Division 5—Contract, mortgage and timeframe requirements
22 Requirements relating to mortgages
23 New home contract requirements
24 Timeframe requirements
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Division 6—Securing Housing Australia’s entitlement to a return
25 The Commonwealth share and Commonwealth share percentage
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Part 3—Participating in the Help to Buy program
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Division 1—Introduction
26 Simplified outline of this Part
27 Application of this Part
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Division 2—Participation requirements
28 Arrangements must require compliance with participation requirements
29 Exceptions to sale of existing property requirement
30 Exceptions to principal place of residence requirement: all properties
31 Delayed application of principal place of residence requirement: new homes
32 Borrowing additional funds under a mortgage from participating lenders
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Division 3—Monitoring participants’ compliance
33 Housing Australia must monitor participant compliance
34 Housing Australia must conduct 5 yearly reviews
35 Housing Australia must review arrangement where mortgage with a participating lender is discharged
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Division 4—Managing participants’ compliance
36 How Housing Australia is to respond where review identifies potential non compliance
37 Housing Australia may require repayment and terminate arrangement
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Division 5—Varying arrangements
38 Varying the participants in an arrangement
39 Varying or entering into new construction contracts
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Division 6—Terminating arrangements in specified circumstances
40 Housing Australia must reserve power to terminate arrangements in certain circumstances
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Part 4—Exiting the program
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Division 1—Introduction
41 Simplified outline of this Part
42 Application of this Part
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Division 2—Exiting the program
43 Housing Australia must allow voluntary early repayments
44 Housing Australia must allow the relevant property to be sold
45 Options for deceased estates of participants
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Part 5—Miscellaneous
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Division 1—Introduction
46 Simplified outline of this Part
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Division 2—Allocating Help to Buy places
47 Application of this Division
48 Allocating places—first year of the program
49 Committing and using places—first year of the program
50 Allocating places—subsequent years of the program
51 Committing and using places—subsequent years of the program
52 Actions where a State intends to cease participating
53 Managing places where purchase does not settle
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Division 3—Administering the program
54 Application of this Division
55 Indexing relevant amounts
56 Meaning of CPI index number
57 Housing Australia must not charge certain fees
58 Valuing a relevant property
59 Timing of Housing Australia’s financial contributions to purchase price
60 Home improvements
61 Housing Australia must have an internal complaints review mechanism
62 Housing Australia must establish arrangements for approving participating lenders
63 Housing Australia may rely on information
64 How Housing Australia must manage arrangements where participant is experiencing hardship
65 Principles for operation of the Help to Buy program
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Schedule 1—Participation requirements
1.1 Sale of existing property
1.2 Participant must remain only registered owner of property
1.3 Property must remain principal place of residence
1.4 Participant must not take out further mortgages over property
1.5 Participant must notify Housing Australia when borrowing additional funds from a participating lender
1.6 Participant must not receive assistance from other relevant schemes
1.7 Participant must not acquire disqualifying property interest
1.8 Participant must maintain the property
1.9 Participant must not lease the property
1.10 Participant must not use the property for business purposes
1.11 Participant must maintain adequate insurance
1.12 Participant must pay ongoing costs
1.13 Participant must notify Housing Australia of relevant changes of circumstances
1.14 Participant may only vary or enter new construction contract in certain cases