QLDIn ForceAct
Duties Act 2001
sec.232What is AFAD residential land
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### sec.232 What is AFAD residential land
AFAD residential land is land in Queensland—
that is, or will be, solely or primarily used for residential purposes; and
to which any of the following applies—
on the land there is, or will be constructed, a building designed or approved by a local government for human habitation by a single family unit;
on the land there is a building that a person will refurbish, renovate or extend so it becomes a building mentioned in subparagraph (i) ;
the land is a lot on which there is a building or a part of a building that, for the separate area the lot comprises, is designed or approved by a local government for human habitation by a single family unit;
the land will be a lot on which there is a building or a part of a building that, for the separate area the lot comprises, is designed or approved by a local government for human habitation by a single family unit;
the land is a lot on which there will be a building or a part of a building that, for the separate area the lot comprises, is designed or approved by a local government for human habitation by a single family unit;
a person is undertaking, or will undertake, development of the land so it becomes land mentioned in any of subparagraphs (i) to (v) .
For the purpose of imposing AFAD relating to transfer duty, a reference to AFAD residential land includes a reference to a chattel in Queensland if—
the chattel and the land are included in the same dutiable transaction under section 29 or 30 , whether or not the chattel is the subject of a separate agreement for transfer; and
the use of the chattel can be directly linked to, or is incidental to, the use and occupation of the land.
s 232 prev s 232 amd 2002 No. 65 s 23
om 2005 No. 60 s 11
pres s 232 ins 2016 No. 37 s 9
amd 2017 No. 20 s 5
(sec.232-ssec.1) AFAD residential land is land in Queensland— that is, or will be, solely or primarily used for residential purposes; and to which any of the following applies— on the land there is, or will be constructed, a building designed or approved by a local government for human habitation by a single family unit; on the land there is a building that a person will refurbish, renovate or extend so it becomes a building mentioned in subparagraph (i) ; the land is a lot on which there is a building or a part of a building that, for the separate area the lot comprises, is designed or approved by a local government for human habitation by a single family unit; the land will be a lot on which there is a building or a part of a building that, for the separate area the lot comprises, is designed or approved by a local government for human habitation by a single family unit; the land is a lot on which there will be a building or a part of a building that, for the separate area the lot comprises, is designed or approved by a local government for human habitation by a single family unit; a person is undertaking, or will undertake, development of the land so it becomes land mentioned in any of subparagraphs (i) to (v) .
(sec.232-ssec.2) For the purpose of imposing AFAD relating to transfer duty, a reference to AFAD residential land includes a reference to a chattel in Queensland if— the chattel and the land are included in the same dutiable transaction under section 29 or 30 , whether or not the chattel is the subject of a separate agreement for transfer; and the use of the chattel can be directly linked to, or is incidental to, the use and occupation of the land.
- (a) that is, or will be, solely or primarily used for residential purposes; and
- (b) to which any of the following applies— (i) on the land there is, or will be constructed, a building designed or approved by a local government for human habitation by a single family unit; (ii) on the land there is a building that a person will refurbish, renovate or extend so it becomes a building mentioned in subparagraph (i) ; (iii) the land is a lot on which there is a building or a part of a building that, for the separate area the lot comprises, is designed or approved by a local government for human habitation by a single family unit; (iv) the land will be a lot on which there is a building or a part of a building that, for the separate area the lot comprises, is designed or approved by a local government for human habitation by a single family unit; (v) the land is a lot on which there will be a building or a part of a building that, for the separate area the lot comprises, is designed or approved by a local government for human habitation by a single family unit; (vi) a person is undertaking, or will undertake, development of the land so it becomes land mentioned in any of subparagraphs (i) to (v) .
- (i) on the land there is, or will be constructed, a building designed or approved by a local government for human habitation by a single family unit;
- (ii) on the land there is a building that a person will refurbish, renovate or extend so it becomes a building mentioned in subparagraph (i) ;
- (iii) the land is a lot on which there is a building or a part of a building that, for the separate area the lot comprises, is designed or approved by a local government for human habitation by a single family unit;
- (iv) the land will be a lot on which there is a building or a part of a building that, for the separate area the lot comprises, is designed or approved by a local government for human habitation by a single family unit;
- (v) the land is a lot on which there will be a building or a part of a building that, for the separate area the lot comprises, is designed or approved by a local government for human habitation by a single family unit;
- (vi) a person is undertaking, or will undertake, development of the land so it becomes land mentioned in any of subparagraphs (i) to (v) .
- (i) on the land there is, or will be constructed, a building designed or approved by a local government for human habitation by a single family unit;
- (ii) on the land there is a building that a person will refurbish, renovate or extend so it becomes a building mentioned in subparagraph (i) ;
- (iii) the land is a lot on which there is a building or a part of a building that, for the separate area the lot comprises, is designed or approved by a local government for human habitation by a single family unit;
- (iv) the land will be a lot on which there is a building or a part of a building that, for the separate area the lot comprises, is designed or approved by a local government for human habitation by a single family unit;
- (v) the land is a lot on which there will be a building or a part of a building that, for the separate area the lot comprises, is designed or approved by a local government for human habitation by a single family unit;
- (vi) a person is undertaking, or will undertake, development of the land so it becomes land mentioned in any of subparagraphs (i) to (v) .
- (a) the chattel and the land are included in the same dutiable transaction under section 29 or 30 , whether or not the chattel is the subject of a separate agreement for transfer; and
- (b) the use of the chattel can be directly linked to, or is incidental to, the use and occupation of the land.