FHSS Eligibility Checklist: Can You Use the Scheme?

Last updated: May 2026 · Reading time: 6 minutes

The First Home Super Saver scheme has a fairly short eligibility checklist — but each item is a hard requirement. Miss one and you're not eligible, no matter how long you've been contributing. This guide walks through every condition clearly, including the edge cases the ATO website buries. Not sure how the scheme works yet? Start with FHSS Scheme Explained.

General information only. Not personal financial advice. Eligibility is assessed by the ATO based on your individual circumstances. Consult a registered financial adviser or tax agent if you're unsure about your situation.

The complete eligibility checklist

✅ You are 18 or older when you request the determination

You can start making voluntary FHSS contributions to your super before you turn 18 — those contributions will still count. But you must be at least 18 when you submit the FHSS determination request to the ATO.

This is a common point of confusion. The age threshold applies to the withdrawal process, not the savings phase.

✅ You have never owned property in Australia

This is the most important condition, and it's broader than most people realise. "Property" includes:

• A home you've lived in
• An investment property
• Vacant land
• Commercial property

If you've ever held a legal interest in any residential, commercial, or investment property in Australia — even briefly, even as a co-owner — you are generally not eligible.

What doesn't count:

• Property you own overseas (Australian property only)
• A property you inherited but never lived in (there are specific rules — check with the ATO)
• Property owned through a trust or company where you didn't hold a direct legal interest

The investment property question: NSW Revenue clarifies that if you've owned an investment property since 1 July 2000 and never lived in it for 6 or more continuous months, you may still be eligible in some states for state grants — but for FHSS purposes, the ATO's position is that any prior ownership of Australian residential property is disqualifying. Check directly with the ATO if this applies to you.

✅ You have not previously made an FHSS release request

You can only access the scheme once. If you've made an FHSS release request in the past — even if you didn't end up buying — you cannot make another one. This is the "once only" nature of the scheme.

Note: requesting a determination (which just tells you the maximum you can access) is different from requesting a release. You can request multiple determinations without committing. It's only when you request the release that the once-only rule kicks in.

✅ The property you're buying is in Australia

The property must be in Australia and capable of being occupied as a residence. You can't use the FHSS scheme to buy property overseas.

You can use it to buy:

• An established home
• A newly built home
• An off-the-plan apartment or townhouse
• Vacant land (if you intend to construct a home on it)

You cannot use it for:

• A property that can't be used as a residence (e.g. commercial-only)
• Vacant land where ownership has already transferred to you before you applied for the determination

✅ Your name will be on the title

At least one applicant in the purchase must be the eligible FHSS scheme user. If you're buying with a partner who has previously owned property, you can still use your own FHSS funds — the eligibility is assessed individually. Their history doesn't disqualify you.

✅ You intend to live in the property

You must intend to live in the property as soon as practicable after purchase, and you must actually live there for at least 6 of the first 12 months that it's practical to occupy it. This requirement rules out purchasing purely as an investment.

The financial hardship exception

There is one exception for people who have previously owned property. If the ATO determines you suffered an FHSS financial hardship event that resulted in you losing all property interests, you may still be eligible.

Events that can qualify include bankruptcy, divorce or separation, loss of employment, natural disaster, or serious illness.

This process requires a specific application to the ATO before you start saving, so they can confirm your eligibility upfront. Don't wait until you're ready to withdraw — apply for the hardship exemption early.

Couples: eligibility is individual

If you're buying with a partner, each person's eligibility is assessed completely independently. This has two important implications:

Good news: If your partner previously owned a property, that doesn't affect your eligibility. You can still access your own FHSS contributions. Your partner simply won't be eligible to use the scheme for their share.

Good news (when both are eligible): If you're both eligible, you can each access up to $50,000 — a combined $100,000 toward your joint deposit. Couples, friends, and siblings buying together can all use the scheme independently for the same property purchase.

What if my employer makes extra contributions?

Employer contributions — your compulsory Super Guarantee Contributions (SGC) and any employer additional contributions — are not eligible for FHSS release regardless of eligibility. They stay in your super.

Only voluntary contributions count:

• Salary sacrifice contributions you arrange yourself
• Personal contributions you make directly and claim a tax deduction for
• After-tax personal contributions (non-concessional)

Common "am I eligible?" questions

"I owned a property but sold it years ago — am I eligible?" No. Prior ownership at any point is disqualifying, regardless of how long ago. The only exception is the financial hardship provision above.

"My parents put my name on the title of their house when I was young — does that count?" Potentially yes — this is exactly the kind of situation to clarify with the ATO directly before you start contributing.

"I'm not an Australian citizen — can I still use the FHSS scheme?" Yes. Unlike some other first home buyer benefits, the FHSS scheme doesn't require Australian citizenship or permanent residency. You don't even need to be a tax resident. The property you purchase must be in Australia, but your nationality doesn't disqualify you.

"I own a property overseas — am I still eligible?" Yes. The prior ownership restriction applies only to Australian property.

"Can I use FHSS if I'm buying as part of a trust or company structure?" The scheme is for individuals only. You can't use FHSS for a purchase via a trust or company.

Before you start contributing: confirm eligibility first

If there's any ambiguity about your eligibility — particularly around previous property interests — apply to the ATO for a formal ruling before you start contributing. You don't want to spend years building up FHSS contributions only to find you can't release them.

For the financial hardship exemption in particular, the ATO specifically recommends applying before you begin saving, so they can confirm your eligibility in advance.

Summary: FHSS eligibility at a glance

General information only. Not personal financial advice. Eligibility is assessed by the ATO based on individual circumstances. Figures and rules are based on ATO information current as of May 2026. Always verify your eligibility directly with the ATO or a registered tax agent before making contribution decisions.