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House and Curtilage

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Last updated: 5 September 2012

Assessment of a house and curtilage

    

The following table provides reference points for the assessment rules of certain types of homes and attached property.    

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If the principal home ...

Then follow the assessment rules contained in...

is on a block of land that is two hectares or less,

Homeowner's Basic Assessment Rules and apply the private land use test.    

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Homeowner's Basic Assessment Rules

9.2.2/Homeowner's Basic Assessment Rules

Private Land Use Test

9.2.3/Private Land Use Test

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is on a block of land that is larger than two hectares,

Homeowner's Basic Assessment Rules and consider the extended land use test.    

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Homeowner's Basic Assessment Rules

9.2.2/Homeowner's Basic Assessment Rules

Extended Land Use Test

9.2.3/Extended Land Use Test

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is a flat or unit,

Homeowner's Basic Assessment Rules.    

has a self contained flat attached to it
Self contained flat attached to a home     

9.2.3/Self-contained flat attached to home

is part of a dual occupancy dwelling arrangement

Dual occupancy situations    

9.2.3/Dual occupancy situations

Curtilage

Land adjacent to a pensioner's principal home is referred to as curtilage. The amount of curtilage that is exempt from a pensioner's assessment depends on whether the private land use test or the extended land use test applies.

Structures on property not primarily used for private purposes

    

Structures not primarily used for private or domestic purposes in association with the dwelling house, whether they are situated on assessed or exempt curtilage, are assessable assets. The value of structures used for business purposes that are situated on exempt curtilage are assessable, regardless of whether the business is run directly by the pensioner or through a trust or company. This means that if a portion of the principal home is used for commercial purposes, then this portion of the home must be regarded as an assessable asset. The portion of the home used for private and domestic purposes remains exempt from assessment. For example, if a person runs a business from home that occupies 40% of the house, then the value of this 40% is regarded as an assessable asset and the remaining 60% is exempt from assessment.    


4.9421 acres.

The private land use test is applied to all income support recipients with private land of two hectares or less adjacent to the principal home as described in section 5LA(3) of the VEA, or with land of more than two hectares adjacent to the principal home when they fail the extended land use test.

 

 

The extended land use test is applied to income support recipients of veteran [glossary:pension age:DEF/Pension Age] whose [glossary:principal home:DEF/Principal home] is on a property of more than [glossary:two hectares:DEF/Two Hectares] as described in [glossary:section 5LA(4):] of the VEA.

The principal home has the meaning given by subsection 5LA(1) of the VEA and subsection 5LA(2) of the VEA. The principal home of a person is generally the place in which they reside. In certain circumstances, however, the principal home of a person can be the place in which they formerly resided. The following property is regarded as part of the principal home.

  • the residence itself (e.g. house, flat, caravan),
  • permanent fixtures (e.g. stoves, built-in heaters, dish-washers, light fittings and affixed carpets),
  • [glossary:curtilage:DEF/Curtilage] (i.e. two hectares or less of private land around the home where the private land use test has been satisfied, or all land held on the same title as the person's principal home where the extended land use test has been satisfied), or
  •       any garage, shed, tennis court or swimming pool used primarily for private purposes provided it is on the same title as the principal home.

 

 

Curtilage is the land adjacent to the exempt principal home.  A certain amount of curtilage is disregarded for the assets test.. The amount of curtilage that is exempt depends on whether the private land use test described in section 5LA(3) of the VEA, or the extended land use test described in section 5LA(4) of the VEA, is satisfied. Under the private land use test, up to two hectares on the same title as the principal home may be exempt. Under the extended land use test, all land on the same title as the principal home may be exempt.