The approval the FCT Minister must give before a right of occupancy can be sold, mortgaged or transferred.
The Land Use Act says a holder of a statutory right of occupancy cannot transfer it without consent. In the states this is the Governor’s Consent; in the FCT it is given on behalf of the FCT Minister and is commonly called the Minister’s Consent.
In practice, a buyer and seller sign a Deed of Assignment, then apply for consent through AGIS. Once consent is granted and the deed is registered, the buyer’s interest is recorded on the title.
Skipping consent leaves the buyer with a private agreement but no registered interest, which matters when you want to resell, mortgage or defend the title.
What to check
- Budget for consent fees, Stamp duty and registration on top of the price.
- Make sure the seller signs every form the consent application needs before you complete.
Watch out
Buying on a Power of Attorney alone, without ever getting consent, is common and risky.
Related terms
General information about property in the FCT, not legal or tax advice. Rules, fees and processes change, so confirm the current position with AGIS, a lawyer or our team before you act.