Australasian Property Guardianship
With 12 million residential properties in Australia and 2 million in NZ, traditional lease agreements have been the only property option for owners. APG offers a second choice: selling the fixtures under Guardian Right terms, effectively dividing the property into two contractually bound components via call options.
Key Benefits and Implications
- For Guardians: Payment is based on depreciation (fixed at 10% per annum, calculated monthly) instead of rent, and guardians assume responsibility for the asset’s condition.
- For Owners: A new avenue to monetise their property without relinquishing land ownership, fostering both financial flexibility and broader societal benefits.
This foundational rethink in property structures creates significant opportunities for property owners and the wider community, encouraging both affordability and innovation in the Australian property market.
Dual Market Pathways
The APG framework provides two distinct market pathways:
- Affordability Pathway: Guardians can acquire the house (excluding the land component), with its value depreciating monthly, promoting affordable housing.
- Supply Pathway: Owners can create and sell a Guardian Right over their property while retaining land title, generating profitable opportunities and increasing housing supply.
The Guardian Right Terms Agreement is passed from one landowner to the next and one guardian to the next, providing continuity through two markets. This opens the door to;
- New opportunities for first home buyers
- New strategies for property developers
- New opportunities for empty properties
- An opportunity to share property debt
- Mum and dad investment alternatives
A One-Stop Property Shop
GUARDIAN RIGHT REGISTRY
The registry functions as a central platform where properties are divided into land and fixtures (usage rights). Guardians purchase the fixtures, the responsibility and the occupancy through a Guardian Right, while the landholder maintains the property title.
The Registry is governed by the Guardian Right Terms Agreement which oversees the contractual agreements binding all successive owners. It serves as an historical ledger, recording the division of property and the succession of ownership.
External solicitors handle all financial transactions. Additionally, the registry serves as the Guardian Right marketplace, with Guardian Right Registry subscribers endorsing the Guardian Right Terms through every new transaction. Supplementary services include a chatroom between buyers sellers and financiers, call option reminders, and a development facility for share-equity projects that require amended deed dates and values upon project completion.
Explore moreHow The REGISTRY Works
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Landholders act as trustees for a Guardian beneficiary who holds an equitable interest in the property. Landholders forego rent and responsibility in favour of a lump sum payment and Call Options. Landholders can sell a Guardian Right or a Development Right over their property, and the Terms Agreement ensures that the Right diminishes in value by 10% p/a providing fixed future pricing. Landholders set the initial Call Option date after which it renews every ten-years. This initial date provides flexibility for personal or commercial reasons.
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Guardians as beneficial poperty owners are granted exclusive occupancy until the Guardian Right is sold by the Guardian or when a Call Option is exercised. If the Landholder declines, the Guardian Right is extended for ten more years, and if not, the landholder will pay the preagreed value of the Guardian Right on the peragreed date. This share ownership arrangement provides Guardians with a stable tenure and pride of ownership which comes with ownership privileges and responsibilities and the knowing that there is a Guardian Right value that will be paid at sale time.
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Guardianship Investors are guided away from bricks and mortar investments and invest indirectly in property by offering interest bearing loans just as a bank does. Because the Guardian Right market reduces and bricks and mortar rentals increase, this duality investment carries less risk. Private lenders are guided to use straight-line reducing loans and fixed interest, with the loan term ending at the call option date. The weekly repayment which includes the interest component, should not be greater than the market rent value of the property to limit party risk.
No Hidden Clauses
We Offer:
- Registry Terms and Conditions
- Automated forms
- Marketplace Access
- An Investor Portal
Legal Foundations
The APG framework is grounded in established Property Law, allowing owners to create equitable interests in their properties, and Trust Law, enabling beneficiaries to benefit from property without direct title. These mechanisms ensure that both owners and guardians have clearly defined rights and obligations within the structure.
The Guardian Right Concept
The Guardian Right—a trademarked term—refers to the ownership of fixtures and the right to occupy a property. This unique arrangement underpins a market designed to address two key needs: providing affordable housing and facilitating profitable property supply. The system is structured to equitably meet the needs of all participants.
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View all servicesImportance of Call Options
Call Option Calculator: Use the calculator to estimate your Guardian Right’s future value over 5, 10, or 20 years before committing. Owners set the Guardian Right’s value as noted on the rates notice, distinct from land value, and may adjust it via a registered split valuation if required. After property setup, the option date and value are fixed.
Development: If a development right is exercised, the option date and value can be revised by mutual agreement, supported by builder contracts and timelines. This process allows developers time to build, compensates guardians for improvements, and ensures landholders gain build equity while guardians secure long-term occupancy and a saleable interest.
A Guardian’s Need: Guardians seek long-term security with the flexibility to relocate, the ability to renovate for changing needs, and reduced living costs through deposit offsets, building equity for future sale.
Mindset Challenge: Guardians are owners, not renters, and there is no lease involved. The landholder must relinquish the mindset of renovation and repair control. This is now the responsibility of, and at the discretion of, the Guardian.
Learn MoreSelling a property share.
Once a property is Set-up at the registry and you have recieved the confirmation Deed of Right and Call Option Agreement, you can list the Land or the Guardian Right on Marketplace. Client listings include a chat line for buyers and sellers to converse and there is a place for borrowers and lenders to do the same.
Your solicitor will handle the monetary exchange and prepare the registry forms.
Exiting the system
To remove the property from the registry, the two shares of the one property must be owned in the same entity for an Exit form to be activated.
When this is achieved, the prefilled Exit form can be signed and executed and the property details for the house and land will be omitted from view,. The property can be resubmitted if the owner chooses, starting the process over again.
Automated help
The Registry prompts owners when a Call Option comes due as a reminder that a tenancy term may be coming to an end or will be renewed. These prompts activate a call option Accept/decline button where the activation process can begin.
The preagreed value and date is known by both parties which removes any argument about dates and prices. This is noted on their repective Deed of Right or Guardian Right Call Option and riterated in the Terms Agreement.
Investment Portal
The investment portal service allows borrowers and lenders to meet up. The registry offers a lenders agreement with guidelines to protect borrowers through a combination of market rent and straight-line reducing loan rules to limit risk.
Using fixed interest, a 50 week year, and a maximum 500 week term guided by the current market rent as the ceiling repayment works a treat.