Document ID: chunk:federal_register_of_legislation:C2024A00138:clause:1_9:p2
Version: federal_register_of_legislation:C2024A00138
Segment Type: clause
Provision Reference: sch 1 cl 9 (pt 2/5)
Character Range: 13102–15765

*build to rent compliance period has not ended, satisfy subsection 43‑153(1); and
 (b) that are not already a part of a build to rent development; and
 (c) that the owner of the dwellings chooses to form part of the existing development in accordance with subsection (6) of this section;
the existing development expands to comprise:
 (d) the dwellings of the existing development; and
 (e) the new dwellings.

Cessation
 (4) A *build to rent development ceases to be an *active build to rent development if the dwellings of the active build to rent development for which the *build to rent compliance period has not ended cease to satisfy subsection 43‑153(1).

Build to rent compliance period
 (5) The build to rent compliance period for a *dwelling of an *active build to rent development is the 15 years beginning on the day after the day on which:
 (a) unless paragraph (b) applies—the development *commences to be an active build to rent development; or
 (b) if:
 (i) the dwelling is not part of the development when it commences to be an active build to rent development; but
 (ii) the development *expands to include the dwelling;
the development expands to include the dwelling.
 (6) To make a choice for the purposes of paragraph (1)(b), subparagraph (2)(b)(iii) or paragraph (3)(c) in respect of *dwellings, the owner of the dwellings must:
 (a) make the choice in the *approved form; and
 (b) give it to the Commissioner.
 (7) The choice is taken to be made on the following day:
 (a) if:
 (i) the owner nominates a day in the choice; and
 (ii) the Commissioner receives the choice before the nominated day;
  the nominated day; or
 (b) otherwise—the day the Commissioner receives the choice.

43‑153  Build to rent developments—eligibility
 (1) For the purposes of section 43‑152, *dwellings of a building satisfy this subsection at a particular time if, at that time:
 (a) each of the dwellings is:
 (i) available to the public to be tenanted by way of lease for a period of 5 years or more in accordance with any requirements determined under subsection (1A); or
 (ii) being tenanted by way of lease as a result of being made available to the public to be tenanted by way of lease for a period of 5 years or more in accordance with any requirements determined under subsection (1A); and
 (b) all of the dwellings are:
 (i) *residential premises; and
 (ii) *taxable Australian real property; and
 (iii) not *commercial residential premises; and
 (c) all of the dwellings and *common areas for the dwellings are owned by a single entity; and
 (d) the number of the dwellings that are *affordable dwellings is equal to or greater than:
 (i) 10% of the