Section 3G - Duties Act 2000 - What is *residential property*?

3GWhat is *residential property*?

Start here

Get a plain-English read of 3G

Turn the raw legal text into a practical explanation grounded in Duties Act 2000.

3G What is *residential property*?

(1) Residential property is—

(a) land capable of being used solely or primarily for residential purposes and that may lawfully be used in that way; or

(b) land which includes a building, or part of a building, that a person intends to refurbish or extend so the land is capable of being used solely or primarily for residential purposes and may lawfully be used in that way; or

(i) on which a person intends to construct a building so the land is capable of being used solely or primarily for residential purposes and may lawfully be used in that way; or

(ii) in respect of which a person has undertaken or intends to undertake land development for the purposes of—

(A) constructing a building so the land is capable of being used solely or primarily for residential purposes and may lawfully be used in that way; or

(B) enabling another person to construct a building so the land is capable of being used solely or primarily for residential purposes and may lawfully be used in that way.

(2) Despite subsection (1), residential property does not include any of the following—

(a) land—

(i) capable of being used solely or primarily as commercial residential premises, a residential care facility, a supported residential service or for the purposes of a retirement village and that may lawfully be used in that way; and

(ii) that a person intends to use solely or primarily as commercial residential premises, a residential care facility, a supported residential service or for the purposes of a retirement village;

(b) land which includes a building, or part of a building, that a person intends to refurbish or extend so the land is capable of being used solely or primarily as commercial residential premises, a residential care facility, a supported residential service or for the purposes of a retirement village and that may lawfully be used in that way;

(i) on which a person intends to construct a building so the land is capable of being used solely or primarily as commercial residential premises, a residential care facility, a supported residential service or for the purposes of a retirement village and that may lawfully be used in that way; or

(ii) in respect of which a person has undertaken or intends to undertake land development for the purposes of—

(A) constructing a building so the land is capable of being used solely or primarily as commercial residential premises, a residential care facility, a supported residential service or for the purposes of a retirement village and that may lawfully be used in that way; or