{"id":"F2026L00117","name":"Help to Buy Regulations 2026","slug":"help-to-buy-regulations-2026","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":443141,"registerId":"F2026L00117-fast-fetch-1775958057580","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Help to Buy Regulations 2026","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nHelp to Buy Regulations 2026\n\nI, the Honourable Sam Mostyn AC, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated     19 February 2026\n\nSam Mostyn AC\n\nGovernor‑General\n\nBy Her Excellency’s Command\n\nClare O’Neil\n\nMinister for Housing  Minister for Homelessness  Minister for Cities\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\n14 Review by the Administrative Review Tribunal\n\n15 Application\n\n \n\n1  Name\n\n  This instrument is the Help to Buy Regulations 2026.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 21 February 2026\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Help to Buy Act 2024.\n\n4  Definitions\n\nIn this instrument:\n\nNote: A number of expressions used in this instrument are defined in the Act, including the Help to Buy Program Directions.\n\nCommonwealth share has the same meaning as in the Help to Buy Program Directions.\n\nCommonwealth share percentage has the same meaning as in the Help to Buy Program Directions.\n\nparticipant has the same meaning as in the Help to Buy Program Directions.\n\npurchase price has the same meaning as in the Help to Buy Program Directions.\n\nsale of existing property requirement has the same meaning as in subsection 29(1) of the Help to Buy Program Directions.\n\nthe Act means the Help to Buy Act 2024.\n\n14  Review by the Administrative Review Tribunal\n\n  For section 43 of the Act, applications may be made to the Administrative Review Tribunal for review of the following decisions of Housing Australia:\n\n (a) a decision under subsection 15(1) of the Help to Buy Program Directions to revoke an approval;\n\n (b) a determination under subsection 16(3) of the Help to Buy Program Directions of the percentage of a purchase price that the Commonwealth will contribute under a Help to Buy arrangement;\n\n (c) a decision to increase the Commonwealth share percentage under a Help to Buy arrangement in the circumstances mentioned in Column 1 of an item of the table in subsection 25(3) of the Help to Buy Program Directions to a percentage mentioned in Column 2 of that item;\n\n (d) a decision under paragraph 29(2)(a) of the Help to Buy Program Directions to refuse to allow a participant not to comply with the sale of existing property requirement for a period;\n\n (e) a decision under paragraph 29(2)(b) of the Help to Buy Program Directions to refuse to extend a period for which a participant was allowed to not comply with the sale of existing property requirement;\n\n (f) a decision under subsection 37(5) of the Help to Buy Program Directions to require a participant to repay an amount under a Help to Buy arrangement;\n\n (g) a decision under subsection 37(8) of the Help to Buy Program Directions to require a participant to repay in full a Commonwealth share under a Help to Buy arrangement;\n\n (h) a decision to refuse to vary a Help to Buy arrangement by adding a participant in the circumstances mentioned in subsection 38(2) of the Help to Buy Program Directions;\n\n (i) a decision to refuse to vary a Help to Buy arrangement by removing a participant in the circumstances mentioned in subsection 38(3) of the Help to Buy Program Directions;\n\n (j) a decision to recover the Commonwealth share under a Help to Buy arrangement in either of the circumstances mentioned in subsection 45(1) of the Help to Buy Program Directions;\n\n (k) a decision to recover the Commonwealth share under a Help to Buy arrangement in the circumstances mentioned in subsection 45(3) of the Help to Buy Program Directions;\n\n (l) a decision under paragraph 45(5)(b) of the Help to Buy Program Directions of the period by which it must recover a Commonwealth share under a provision of a Help to Buy arrangement;\n\n (m) a decision under subsection 58(2) of the Help to Buy Program Directions as to the value that most closely represents the market value of a property;\n\n (n) a decision to terminate a Help to Buy arrangement.\n\nNote: Generally, an application for review of a decision by the Administrative Review Tribunal must be made within 28 days after the applicant is notified of the decision (see section 18 of the Administrative Review Tribunal Act 2024 and rule 5 of the Administrative Review Tribunal Rules 2024). A person may, under section 19 of that Act, apply to the Administrative Review Tribunal to extend the period.\n\n15  Application\n\n  Section 14 applies to decisions made before or after the commencement of this instrument.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument appears to be exactly what it purports to be — regulations made under section 43 of the Help to Buy Act 2024 to specify reviewable decisions. It has not expanded beyond its intended purpose of establishing Administrative Review Tribunal jurisdiction. The scope is narrow and precisely targeted."},"complexity_factors":["Very short instrument (only 15 sections, with sections 5-13 omitted entirely)","Minimal defined terms (only 6 definitions in section 4, all referencing external documents)","Heavy reliance on external references — all substantive content refers to the 'Help to Buy Program Directions' and the 'Help to Buy Act 2024' rather than setting rules directly","Simple list structure in section 14 (14 reviewable decisions listed alphabetically)","No conditional logic, exceptions, or nested provisions within the instrument itself","Single application provision (section 15) with straightforward retrospective effect"],"plain_english_summary":"These regulations specify which Housing Australia decisions under the Help to Buy scheme can be reviewed by the Administrative Review Tribunal, giving participants in shared‑equity home purchases a formal right of appeal against key agency actions. It affects Help to Buy participants and Housing Australia, applies retrospectively to past decisions, and generally requires review applications within 28 days (extensions possible)."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This instrument narrows the legal question to which Housing Australia decisions are reviewable by the Administrative Review Tribunal (s14) and explicitly extends that review right to decisions made before commencement (s15). That extends the temporal scope of reviewability compared with a purely prospective rule, while not expanding the categories of decisions beyond those listed."},"complexity_factors":["Extensive cross‑references to the Help to Buy Program Directions and the Help to Buy Act, requiring readers to consult multiple instruments to see full effect (s4, s3, s14).","Long list of discrete decision types made reviewable by the Administrative Review Tribunal, each tying back to different provisions of the Program Directions (s14(a)–(n)).","Interaction with the Administrative Review Tribunal Act and Rules for time limits and extensions for applications, creating procedural dependencies outside this instrument (note to s14).","Retrospective temporal application: the regulation explicitly covers decisions made before or after commencement, which affects transitional scope and record-keeping (s15).","Limited standalone definitions: several key terms are defined only in the Program Directions or the Act, so interpretation depends on external definitions (s4)."],"plain_english_summary":"This regulation specifies which decisions by Housing Australia under the Help to Buy Program Directions can be reviewed by the Administrative Review Tribunal — for example, approvals, determinations of the Commonwealth contribution percentage, repayment and recovery decisions, market‑value findings and termination of arrangements. It affects Help to Buy participants and Housing Australia: participants gain a formal right to seek tribunal review of those listed decisions, and Housing Australia must expect appeals. The regulation also expressly applies to decisions made before or after commencement (s15)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/help-to-buy-regulations-2026","history":"/api/acts/help-to-buy-regulations-2026/history","analysis":"/api/acts/help-to-buy-regulations-2026/analysis","conflicts":"/api/acts/help-to-buy-regulations-2026/conflicts","importantCases":"/api/acts/help-to-buy-regulations-2026/important-cases","documents":"/api/acts/help-to-buy-regulations-2026/documents"}}