Home / FIRB & foreign buyer rules
Can you actually
buy here?
It is the most common question we are asked and the one most often answered wrongly. Settle it before you look at a single listing — finding a property you cannot legally purchase is a wasted month, and it happens constantly.
The short answer
Where things stand
Foreign persons cannot buy established dwellings
The prohibition took effect on 1 April 2025 and now runs to 30 June 2029. Narrow exceptions exist for certain redevelopment and commercial-scale proposals, but they do not reach ordinary buyers.
What remains available
New dwellings, off-the-plan apartments, near-new dwellings and vacant residential land can be acquired with FIRB approval. Vacant land normally carries a condition requiring construction within a set period.
Some buyers are not caught by this at all
Australian permanent residents, New Zealand citizens, and the spouse of an Australian citizen or permanent resident purchasing as joint tenants are outside the prohibition entirely. Established dwellings are open to them.
Which are you
Start by placing yourself
Australian law defines a “foreign person” by residency status, not nationality. Hold permanent residency and you are not a foreign person whatever your passport says. Live in Australia on a temporary visa and you are one.
| Your status | Foreign person? | What you can buy |
|---|---|---|
| Living overseas, no Australian visa | Yes | New, near-new, off-the-plan and vacant land, with FIRB approval |
| In Australia on a temporary visa | Yes | New, off-the-plan and vacant land, with FIRB approval. The former concession allowing a temporary resident to buy an established home to live in no longer applies |
| Australian permanent resident | No | No restriction. Established dwellings included |
| New Zealand citizen | No | No restriction |
| Spouse of a citizen or PR | Conditional | No restriction where the purchase is made together as joint tenants. Buying in your sole name does not qualify |
| Company or trust with foreign interests | Yes | New, off-the-plan and vacant land. The test turns on the ownership structure and needs individual assessment |
This table is a general guide. The actual determination depends on visa class, period of stay and ownership structure. We will confirm your position at no charge.
Approval process
How FIRB approval works
Approval should be in place before you contract. In practice, contracts are often written subject to FIRB approval and confirmed once it lands.
Application fees
These are paid to government and rise in steps with the purchase price. For the 2026–27 year, the schedule for new dwellings and vacant residential land starts at AUD $4,600 at the lowest tier. Fees for established dwellings were increased sharply, though the prohibition means the point is largely academic for ordinary buyers.
The schedule is reindexed each July, so we confirm the current figure at the time you enquire. This fee is payable to government and is separate from our own.
The state surcharge is the larger number
Separately from FIRB, each state levies an additional stamp duty surcharge on foreign purchasers. In practice this dwarfs the application fee — on a million-dollar property it runs to between $70,000 and $90,000 depending on the state. The detail is on our tax page.
If you get it wrong
The consequences are not trivial
Acquiring without approval, or breaching a condition attached to one, can result in a forced disposal order along with civil penalties and, in serious cases, criminal liability. Buying vacant land and failing to build within the required period is itself a breach.
The more common failure is quieter. A buyer proceeds believing a property is new when it has already been sold once and is therefore established. Classification follows the title history, not the marketing copy — which is why it has to be checked before contracts are exchanged, not after.
Knowing the rules matters less than knowing where a particular property sits within them.
What we do
Our part in this
This page sets out general information published as at August 2026 and is not legal advice. Foreign investment rules are amended frequently and individual determinations turn on visa class and the nature of the property. Obtain confirmation from a qualified adviser before acquiring.