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Off-the-Plan Stamp Duty Concessions: Are You Eligible?

By Kenan AkyildizUpdated October 20264 min read

Buying off the plan can come with a real stamp duty saving, because duty may be calculated on a lower value than the full purchase price. The rules have changed in recent years and now include a broader temporary concession, so it is worth understanding what applies before you buy.

How the off-the-plan concession works

When you buy off the plan, part of what you pay is for construction that has not happened yet at the contract date. The off-the-plan concession recognises this by letting you deduct qualifying construction and refurbishment costs incurred on or after the contract date when working out the dutiable value. You then pay duty on the lower figure.

Because a large part of an off-the-plan price can be construction, the saving can be significant.

The temporary concession for all buyers

Victoria introduced a temporary off-the-plan duty concession that is broader than the earlier version. It applies to eligible apartments and townhouses, being strata properties with an owners corporation, rather than detached homes, and importantly it is open to all buyers. That includes investors, companies and trusts, as well as people buying a home to live in.

This temporary concession has been extended more than once. As announced in the 2026 to 2027 State Budget, it was extended again, so it continues to apply to eligible contracts signed within the concession period. Because the end date has moved before, always confirm the current cut-off with the State Revenue Office.

The standard concession linked to your home

Alongside the temporary concession, there is a longer-standing off-the-plan concession that is tied to the principal place of residence and first home buyer benefits. It is available to owner-occupiers who meet the eligibility rules and value thresholds for those benefits. If you are buying an off-the-plan home to live in, this may also be relevant, and your lawyer can work out which concession gives you the better result.

What you need to watch

A concession reduces the dutiable value, but it does not remove other considerations. Foreign purchasers still pay foreign additional duty on top. The property type matters, since detached houses are treated differently to strata apartments and townhouses. And the timing of your contract relative to the concession period is critical.

These details decide whether you save thousands of dollars or nothing at all, so they are worth getting right before you sign.

Get your eligibility checked

The off-the-plan rules are some of the most changeable in Victorian property, and eligibility turns on the fine detail of your contract and your circumstances. Orange Legal Group reviews off-the-plan contracts, works out which concession applies to you, and makes sure it is correctly claimed at settlement so you pay the right amount of duty.

Frequently asked questions

Is the off-the-plan concession only for first home buyers?

No. The temporary off-the-plan concession is open to all buyers, including investors, companies and trusts, for eligible apartments and townhouses. There is also a separate concession tied to the principal place of residence and first home buyer benefits.

Does the concession apply to a house and land package?

The temporary concession applies to strata apartments and townhouses with an owners corporation, not detached dwellings. Whether a particular property qualifies depends on how it is titled, so have it checked before you sign.

How do I know if the concession still applies?

The temporary concession has a cut-off date that has been extended more than once. Confirm the current end date with the State Revenue Office or your lawyer, because eligibility depends on when your contract is signed.

Talk to Orange Legal Group

Orange Legal Group offers fixed-price conveyancing and property law advice across Victoria, handled by qualified property lawyers in plain language, with no hidden fees. If you are buying, send us your Contract of Sale and Section 32 and we will review them before you sign. Your first review is free when you go on to use us for the conveyancing.

This article is general information current as at 2026 and is not legal advice. Property law and duties in Victoria can change. For advice on your situation, speak to Orange Legal Group or check the relevant government source.