Freehold title information for trustees and local government

Freehold allocation process – interest holders

If there is a leaseholder or social housing tenant over available land, they can apply to be allocated freehold over that land provided they are an eligible person. Use this guide to allocate freehold land for existing interest holders.

Interest holders must apply for freehold using one of these approved forms:

• Form 2 - Application for freehold by eligible interest holders (Aboriginal land)
• Form 2 - Application for freehold by eligible interest holders (Torres Strait Islander land)

Set the purchase price for a social housing dwelling

If there is a social housing dwelling on the land, the Department of Housing and Public Works must first approve the dwelling’s sale. If approved, the department and the trustee set a purchase price for the dwelling.

Decide the application

If you are satisfied that the applicant meets the eligibility criteria, then you must approve the application.

If there is more than one interest holder for the land, all must either be part of the application or agree to the application.

Make the offer

Once you have approved an application, you should offer the land to the applicant. The offer can be subject to conditions, such as:

• resolving native title
• ensuring the land is surveyed
• ensuring road access
• paying the dwelling purchase price.

Cooling-off period

The applicant has 45 days to either accept or refuse the offer. If they accept, they have an extra 5-day cooling-off period to change their mind and refuse the offer.

Allocate the land

Once all conditions of the offer are met, you can allocate the land to the applicant. You will need to notify us that you’ve made the offer using one of these forms:

• Form 3 - Notice to the Chief Executive of offer to allocate land for freehold  (Aboriginal land)
• Form 3 - Notice to the Chief Executive of offer to allocate land for freehold (Torres Strait Island land)

Apply for the grant of freehold

Once you have allocated the land, you can apply to the government to grant freehold. Use one of these forms:

• Form 4 - Trustee application to the Chief Executive for land to be granted in freehold (Aboriginal land)
• Form 4 - Trustee application to the Chief Executive for land to be granted in freehold (Torres Strait Islander land)

In this guide:

1. Freehold instrument
2. Consultation and approval of freehold instrument
3. Freehold allocation process – interest holders
4. Freehold allocation – open process
5. Templates, forms and other resources

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