Read this first
Foreign persons are banned from buying established homes from 1 April 2025 to 30 June 2029, apart from limited exceptions. The ban covers temporary residents and foreign-owned companies. New homes, off-the-plan purchases and vacant land can still be bought with approval. See what you can and can’t buy.
Do you need FIRB approval?
Whether you need approval depends on who you are, not where you live. The table shows how the rules treat the most common situations.
| You are | Approval needed to buy residential property? |
|---|---|
| An Australian citizen, including one living overseas | No Citizens living abroad are exempt for residential land (regulation 35). |
| The holder of an Australian permanent visa | No Exempt under regulation 38(2). See the note below if you live overseas. |
| A New Zealand citizen who holds, or is eligible for, a Special Category visa (subclass 444) | No New Zealand citizens |
| Buying as joint tenants with a spouse who is an Australian citizen, permanent resident or eligible New Zealand citizen | No Does not apply to tenants in common (regulation 38(3)). |
| A temporary resident: a visa that lets you stay more than 12 months in a row, or a bridging visa while a permanent visa application is decided | Yes Temporary residents |
| A foreign national living outside Australia, or on a visa that allows a stay of 12 months or less | Yes |
| A company or trust in which foreign persons hold a substantial interest | Yes Foreign-owned companies are covered by the ban on established homes. |
Under the Act, a person who is not an Australian citizen counts as ordinarily resident only if they have been in Australia for 200 or more days in the previous 12 months and their stay is not limited in time by law. A non-citizen who does not meet that test is a foreign person, unless one of the exemptions above applies.
Permanent residents who live overseas
The ATO says a permanent resident who is not ordinarily resident in Australia “may be a foreign person in some circumstances”, while the regulation exempts holders of a permanent visa from needing approval for residential land. Government guidance does not spell out how the two fit together. If this is you, confirm your position with the ATO or a lawyer before you sign.
What foreign persons can buy
| Property | Can a foreign person buy it? |
|---|---|
| New dwelling: never lived in and not previously sold as a dwelling | Yes, with approval Generally approved unless it is a single dwelling that replaces demolished homes. |
| Off the plan | Yes, with approval Treated as a new dwelling. Some developers hold a certificate that covers buyers (up to $3 million per buyer per development). |
| Vacant land where fewer than 10 dwellings could reasonably be built | Yes, with conditions You must build, finish within four years and not sell before completion. |
| Established home | Banned 1 April 2025 to 30 June 2029. Limited exceptions. |
How to apply, step by step
Confirm you are a foreign person
Use the table above. If you are exempt, you do not apply.
Confirm the property qualifies
For a foreign person that means a new dwelling, an off-the-plan dwelling or vacant land. If an established home is on the market, the ban applies.
Make sure your contract is conditional
You can sign a contract only if it is conditional on approval. Auctions are unconditional, so you would need approval or an exemption certificate before you bid. The ATO says you can apply for a certificate after signing if the contract is still conditional.
Apply to the ATO online
Applications go through Online services for foreign investors, which needs a myID. You complete a foreign person profile, then give the property address and type, the price in Australian dollars, how you are buying (auction, ballot, private offer or tender) and how you will hold it. Documents such as the contract and your passport are uploaded where relevant. The online form times out after 25 minutes and progress can’t be saved, so have everything ready.
Pay the application fee
The ATO will not review an application until the fee is paid in full. See application fees.
Wait for the decision
The ATO says it can take up to 30 days after it receives full payment.
Receive your notification
If approved you get a no objection notification. It is a letter from the Treasurer that lets you take the action within a set period, usually 12 months, and it may include conditions.
After settlement
Register the property within 30 days of settlement (details) and lodge a vacancy fee return each year.
We do not lodge applications
This site is an independent guide. We are not part of the Foreign Investment Review Board, Treasury or the ATO, and we do not prepare, lodge or process applications. Applications are made to the ATO at onlineservices.ato.gov.au/foreigninvestor.
How long does FIRB approval take?
The ATO’s published figure is up to 30 days to consider an application after it receives full payment. The law lets the Treasurer extend the decision period by up to 90 days by written notice, and applicants can agree to longer. Exemption certificates generally take longer than a standard application.
The 2026–27 Budget added a target to decide all low-risk applications within 30 days, to be implemented from 1 January 2027.
Conditions that come with approval
- New dwellings: usually only that the price is no more than the value in the approval. You can live in the home or rent it out, but the annual vacancy fee applies if it sits empty.
- Vacant land: at least one dwelling must be built, all dwellings finished within four years of the approval, evidence of completion sent within 30 days, and no sale before construction is complete.
- Redevelopment of an established home: at least 20 additional dwellings, similar timing, and no sale before completion.
There is no limit on how many new dwellings or vacant lots a foreign person can buy.
If you have already bought without approval
Buying residential property without the approval you needed is a breach of the law, and approval cannot be backdated to make the original breach disappear. Foreign Investment’s residential compliance page says lower penalties may apply when a breach is reported by the person who committed it, and since 1 April 2025 retrospective approval for an established home will generally not be given. Read our penalties guide and speak to a lawyer who works in this area.
Frequently asked questions
What does FIRB stand for?
FIRB is the Foreign Investment Review Board, which advises the Treasurer on foreign investment proposals. People use “FIRB approval” to mean the Treasurer’s approval of a foreign investment, which for residential property is applied for through the ATO.
Do I need FIRB approval to buy a house in Australia?
If you are a foreign person, yes, before the purchase becomes binding. Australian citizens, permanent visa holders and New Zealand citizens holding or eligible for a Special Category visa do not need approval to buy residential land.
How much does FIRB approval cost?
For 2026–27 the application fee for a new dwelling or vacant land costing $1 million or less is $15,600. It rises by $31,300 for each further $1 million. See the fees page.
How long is a FIRB approval valid?
A no objection notification usually lets you take the action within 12 months. Residential exemption certificates are generally valid for 12 months too. The dates in your own notification are what count.
Can I get approval before I find a property?
Not for a specific property. What you can do is apply for a residential land exemption certificate, which lets an individual buy one new dwelling or vacant lot in a named state or territory within 12 months, up to a price limit. It is useful for auctions.
Is FIRB approval the same as a visa or permanent residency?
No. It is permission to buy a particular type of property. It gives you no right to live or work in Australia.
Do lenders need to see my approval?
Brokers report that lenders who lend to foreign buyers generally expect evidence of approval before settlement. Approval and finance are separate processes and are usually run in parallel. See our home loans guide.
Sources
- ATO — Apply to buy residential property as a foreign person
- ATO — How to apply or vary an approval to buy residential property
- Treasury — Guidance Note 1: Overview (v3, 27 May 2025)
- Treasury — Guidance Note 2: Key concepts (v5, 12 December 2025)
- Treasury — Guidance Note 6: Residential land (v5, 1 July 2026)
- ATO — Are you a foreign person buying property in Australia?
- ATO — Banning foreign purchases of established dwellings
- Foreign Investment — Residential compliance
- Foreign Acquisitions and Takeovers Act 1975 (legislation.gov.au)
- Treasury — Further streamlining and strengthening the foreign investment framework (19 May 2026)
Checked 5 October 2026.
firbapproval.com.au is an independent guide. It is not affiliated with, endorsed by or connected to the Foreign Investment Review Board, the Australian Treasury or the Australian Taxation Office. We do not lodge or process applications. Applications are made to the ATO. General information only, not legal, tax, migration or financial advice.