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Costs & Fees

Off-the-Plan Stamp Duty Concession: 2024–25 Reform Lets Investors Save Too

|10 min read

Pre Contract Review editorial team

Victorian property contract specialists

Published:

Reviewed against Sale of Land Act 1962 (Vic) s32

The Off-the-Plan Stamp Duty Concession was substantially reformed in October 2024. Under the temporary expanded concession (running 2024–2025), most Victorian buyers — not just first home buyers — can claim a stamp duty saving on off-the-plan apartments and townhouses. The concession is calculated on the value of the land + uncompleted construction at the time of contract, not the finished property value. For an off-the-plan apartment purchased early in construction, the saving can exceed $20,000.

This guide covers the 2024 expanded concession, the eligibility rules, and how to calculate the saving.

How the off-the-plan concession works

Under section 21 of the Duties Act 2000 (Vic), stamp duty on an off-the-plan property is calculated on the dutiable value at the date of contract, which excludes the value of construction not yet completed. The earlier in construction the contract is signed, the lower the dutiable value — and the lower the stamp duty.

Example: a $700,000 off-the-plan apartment purchased when only 20% of construction is complete:

  • Total contract price: $700,000
  • Construction not yet completed: 80% × $560,000 (build cost) = $448,000
  • Dutiable value: $700,000 − $448,000 = $252,000
  • Stamp duty on $252,000: approximately $9,100
  • Stamp duty if charged on full $700,000: approximately $37,070
  • Saving: $27,970

Pre-2024 vs 2024 reform

AspectPre-October 20242024 reform (temp 2024–25)
Who qualifiesFHB or PPR-occupier onlyAnyone (incl. investors)
Property typeOff-the-plan onlyOff-the-plan apartments/townhouses
Price capTied to FHB thresholdsNo price cap
PPR requirementYes — must occupyNo — investors qualify
Foreign buyer eligibilityNoNo (still excluded)

Calculating the saving

The dutiable value formula:

Dutiable value = Contract price − (uncompleted construction value)

Uncompleted construction value is the percentage of construction not yet complete at the contract date, multiplied by the construction component of the price. The construction component is the contract price minus the land component (typically 20–35% of contract for inner Melbourne, 30–45% for outer suburbs).

Worked example for an outer-Melbourne apartment

$650,000 contract for an apartment in Wyndham Vale. Construction starts after contract signing — 0% complete at contract date.

  • Land component: 30% × $650,000 = $195,000
  • Construction component: $650,000 − $195,000 = $455,000
  • Construction not yet completed: 100% × $455,000 = $455,000
  • Dutiable value: $650,000 − $455,000 = $195,000
  • Stamp duty on $195,000: approximately $6,700
  • Stamp duty without concession: approximately $33,200
  • Saving: $26,500

Eligibility and exclusions

The 2024–25 expanded concession applies to:

  • Off-the-plan apartments and townhouses purchased between October 2024 and October 2025
  • Buyers including investors and existing-home owners (not just FHB)
  • Australian citizens, permanent residents, and certain visa holders

Excluded:

  • House-and-land packages (still apply different rules)
  • Foreign purchaser additional duty 8% still applies if buyer is foreign
  • Existing-dwelling purchases
  • Properties already nearing completion at contract date — saving is minimal if construction is mostly done

Combining with FHB concession

First home buyers can stack the off-the-plan concession with the FHB exemption / concession. The off-the-plan reduction lowers the dutiable value, then the FHB rules apply to that lower value.

Example for a $750,000 off-the-plan apartment, first home buyer, 50% of construction not complete:

  • Construction component: $525,000 (70%)
  • Uncompleted: 50% × $525,000 = $262,500
  • Dutiable value: $750,000 − $262,500 = $487,500
  • Standard stamp duty on $487,500: approximately $23,500
  • FHB exemption applies (under $600,000 dutiable value): $0
  • Total stamp duty: $0
  • Saving vs no concessions: $40,000+

The risks of off-the-plan

While the stamp duty saving is real, off-the-plan purchases carry risks covered in our sunset clause guide and off-the-plan overview:

  • Construction delays (often 6–24 months past expected completion)
  • Sunset clause termination risk (post-2019 reform reduces but doesn’t eliminate)
  • Variations to the apartment between contract and completion
  • Developer insolvency
  • Market price changes between contract and settlement

Weigh the stamp duty saving ($20,000–$40,000) against these risks before committing.

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Disclaimer: This article is for general information only and does not constitute legal advice. You should always seek independent legal advice from a qualified solicitor or conveyancer before making any property purchase decision.

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