Document ID: chunk:federal_register_of_legislation:C2025C00162:section:11a:p1
Version: federal_register_of_legislation:C2025C00162
Segment Type: section
Provision Reference: s 11A (pt 1/6)
Character Range: 202116–204606

11A  Principal home definition for the purpose of the assets test

Principal home
 (1) A reference in this Act to the principal home of a person includes a reference to:
 (a) if the principal home is a dwelling‑house—the land adjacent to the dwelling‑house to the extent that:
 (i) the land is held under the same title document as the land on which the dwelling‑house is located; and
 (ii) the private land use test in subsection (3) is satisfied in relation to the land or, if the person is one to whom the extended land use test applies in relation to the land, the extended land use test in subsection (6) is satisfied in relation to the land; or
 (b) if the principal home is a flat or home unit—a garage or storeroom that is used primarily for private or domestic purposes in association with the flat or home unit.
 (2) The Secretary may determine that land is to be treated, for the purpose of subparagraph (1)(a)(i), as if it were held on the same title document as other land if any of the following apply:
 (a) the dwelling‑house is located on both blocks of land;
 (b) the dwelling‑house is located on one of the blocks of land but that block and the other block, taken together, are a place, or are part of a place, that is protected under a law of the Commonwealth, or of a State or Territory, because of its natural, historic or indigenous heritage;
 (c) the alienation of one of the blocks of land without the other would seriously undermine the function of the house as a dwelling.
Note: A mere loss of amenity, such as the loss of a swimming pool, garden, tennis court or view, would not seriously undermine the function of a house as a dwelling.

Private land use test
 (3) The private land use test is satisfied in relation to land if:
 (a) the area of the land, together with the area of the ground floor of the dwelling‑house, is not more than 2 hectares; and
 (b) the land is used primarily for private or domestic purposes in association with the dwelling‑house.

To whom does the extended land use test apply?
 (4) The extended land use test applies to a person in relation to land adjacent to the dwelling‑house if:
 (a) the person has reached pension age; and
 (b) the person is qualified for an age pension or carer payment and that pension or payment is payable to the person; and
 (c) the dwelling‑house has been the person's principal home for 20 years or more continuously.
 (5) Where a person (the first person) to whom the extended land use test applies in