Home ownership leases
A home ownership lease gives Aboriginal peoples and Torres Strait Islander peoples an opportunity to purchase their own home on Indigenous communal lands. This includes social housing in communities.
How it works
An application is made to Council as Trustee for the DOGIT land, for a 99 year lease.
The land remains in trust for the benefit of the community, but you’ll have exclusive use of the land. This means the general community can’t enter or use the property without your permission.
You’ll pay for:
- the land
- any house on the leased land, if you didn’t build it.
Who can get a lease?
To be eligible to apply, you must meet at least one of the following criteria:
- be an Aboriginal or Torres Strait Islander person
- be the spouse, or former spouse of an Aboriginal or Torres Strait Islander person
- Over 18
- be the spouse or a former spouse of a deceased Aboriginal or Torres Strait Islander person
- hold an existing lease within the community.
Type of land available
The Council as Trustee decides what land to make available for home ownership.
You may also need a planning approval.
Before granting a lease, the trustee will need to make sure that any native title issues have been dealt with.
Land without a house
If there is no house on the land when you lease it, you must build an approved house within 8 years. Your bank or lender may have other rules. Ask them for more information.
Buying a social housing home
If you are living in social housing on Indigenous land, you can apply to the trustee to get a lease and buy the house. This means the house and land will be yours for the lease period of up to 99 years (and the lease can be renewed when it expires).
The trustee will ask the Department of Housing and Public Works for approval to grant the lease and sell the house to you. If approval is granted, you can then buy the house.
Can I sell the house and lease later?
You may be able to sell or transfer your lease and house, or leave it to someone in your will.
The person/s will need to be eligible for a lease.
Talk to the trustee first to find out about the lease conditions.
Costs
You’ll need to pay:
- a lump sum for the upfront cost of the land, which will vary depending on size
- annual rental lease charge, which will be no more than $1
- the purchase price of a house (if there is a house built on the land)
- the cost of building a house (if the land is vacant).
You may also need to pay for:
- surveying the land
- native title negotiations
- a development application and approval from the local council to build a house.
Visit Indigenous Business Australia for more information on other costs associated with buying a home.
Purchase price of the land
The price represents the value of the land. The land is valued using this method (determined by legislation and the Department of Natural Resources and Mines, Manufacturing and Regional and Rural Development):
- a block up to 2,000m2 is valued at $4,000
- a block larger than 2,000m2 is valued at $4,000 for the first 2,000m2, plus $100 for each additional 100m2 (for example, a 2,200m2 block of land would be valued at $4,200)
How to apply
Depending on where you live, the land will be either Aboriginal land or Torres Strait Islander land. You’ll need to fill out Form 1 – Home ownership lease application – Aboriginal land (PDF, 73.8 KB)
Submit the form to planner@yarrabah.qld.gov.au
Be sure to include:
- a map of the site, including the lot and plan number
- a letter or statement about your connection to the land
- the signatures of each person whose name is on the application
- any other information that supports your EOI application
What happens next?
Council as Trustee decides if they will grant a lease. Before deciding, they may consult with the community or notify the community that they’re planning to grant the lease.
If the lease includes a social housing home, the trustee must also have Queensland Government approval before they grant the lease.
If Council as Trustee approves your application, they will send you a draft lease agreement. It will include information on how much the land and house will cost and any other conditions you will need to meet.
You should get independent legal advice before you sign the agreement.