Foreign Investment Policy
The information on this page is pertaining to foreigners investing in residential property. If you are interested in investing in commercial property, please contact us for assistance.
Australia's foreign investment regime is governed by the Foreign Acquisitions and Takeovers Act 1975 (FATA) and the Australian Government's foreign investment policy (Policy). The Australian Government welcomes foreign investment in Australia. The Government recognises community concern about foreign ownership of Australian assets and through Policy seeks to balance those concerns against the strong economic benefits that arise from foreign investment in Australia.
The Foreign Investment Review Board (FIRB) is a non-statutory body established 1976 to regulate the sale of Australian property to overseas persons and corporations. FIRB examines proposals by foreign interests to undertake direct investment in Australia, including real estate, and makes recommendations to Government on whether those proposals are suitable for approval under the Government’s policy.
People who have Australian Citizenship or have been granted Australian Permanent Residence Status can freely acquire any property in Australia with no restrictions. Certain acquisitions do not require notification or approval under the FATA. The following information updated as of September 2009 can be used as a general guideline. For further information, please visit Foreign Investment Review Board website www.firb.gov.au.
Foreign persons should determine whether their proposed acquisition is exempt and if in doubt, seek legal advice.
You do not need to submit an application for approval to acquire residential real estate in Australia if:
* A person is a temporary resident if they are living in Australia and they hold a temporary (that is, non-permanent) visa which permits them to stay in Australia for a continuous period of more than 12 months; or they have submitted an application for permanent residency, and they hold a bridging visa which permits them to stay in Australia until that application has been finalised.
Australia's foreign investment regime is governed by the Foreign Acquisitions and Takeovers Act 1975 (FATA) and the Australian Government's foreign investment policy (Policy). The Australian Government welcomes foreign investment in Australia. The Government recognises community concern about foreign ownership of Australian assets and through Policy seeks to balance those concerns against the strong economic benefits that arise from foreign investment in Australia.
The Foreign Investment Review Board (FIRB) is a non-statutory body established 1976 to regulate the sale of Australian property to overseas persons and corporations. FIRB examines proposals by foreign interests to undertake direct investment in Australia, including real estate, and makes recommendations to Government on whether those proposals are suitable for approval under the Government’s policy.
People who have Australian Citizenship or have been granted Australian Permanent Residence Status can freely acquire any property in Australia with no restrictions. Certain acquisitions do not require notification or approval under the FATA. The following information updated as of September 2009 can be used as a general guideline. For further information, please visit Foreign Investment Review Board website www.firb.gov.au.
Foreign persons should determine whether their proposed acquisition is exempt and if in doubt, seek legal advice.
You do not need to submit an application for approval to acquire residential real estate in Australia if:
- You are an Australian citizen living abroad
- Your spouse is an Australian citizen (not a permanent resident) and you are purchasing residential real estate in both names as joint tenants (not tenants in common)
- You are a New Zealand citizen and you are purchasing residential property
- You hold a permanent resident visa and you are purchasing residential property
- You are a *temporary resident and you are purchasing certain residential property as follows: single block(s) of vacant land; new dwelling(s); and/or a second hand dwelling to be used as your principal place of residence (including if it is going to be demolished first then redeveloped); you are purchasing new dwelling(s) from the developer, where the developer has pre-approval to sell those dwellings to foreign persons
- You are acquiring an interest in a time share scheme which does not permit you (and any of your associates) more than 4 weeks entitlement per year
- You are purchasing certain residential real estate in an Integrated Tourism Resort (ITR)
- You are acquiring an interest by will or by operation of law (such as, a court order regarding the division of property in a divorce settlement, but not if both parties simply agree to transfer property without a court’s intervention)
- You are purchasing property from the Government (Commonwealth, State or Territory, or local).
* A person is a temporary resident if they are living in Australia and they hold a temporary (that is, non-permanent) visa which permits them to stay in Australia for a continuous period of more than 12 months; or they have submitted an application for permanent residency, and they hold a bridging visa which permits them to stay in Australia until that application has been finalised.
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