Foreign Buyer Ban on Established Homes: Dates and Exceptions

The dates, and what changed in 2026

Treasury's residential land guidance note (version 5, 1 July 2026) says that from 1 April 2025 to 30 June 2029 it is government policy that foreign persons are generally banned from purchasing established dwellings. Treasury's May 2026 foreign investment policy statement says the same: the ban commenced on 1 April 2025 and stays in place until 30 June 2029. The ATO's pages for foreign buyers repeat the new end date and note that the earlier end date was 31 March 2027.

Not every official document has caught up. The compliance and penalties guidance note for residential land (version 4, March 2025) still refers to 31 March 2027. Where two official documents disagree, the more recent residential land note and the Treasury policy statement are the better guide to the current end date.

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Who it applies to

The Foreign Investment website says the ban covers foreign persons, including temporary residents and foreign-owned companies. Who counts as a foreign person is set out in who counts as a foreign person for FIRB.

Treasury's examples show the other side. A permanent visa holder does not need approval to buy an established dwelling. Neither does a New Zealand citizen who holds, or would be eligible for, a special category visa. Australian citizens living overseas are covered by a separate exemption in the Regulation for people with a close connection to Australia.

What counts as an established dwelling

The ATO describes an established dwelling as an existing dwelling on residential land that is not a new dwelling. A new dwelling, in the guidance note's wording, is one that is being or has been built on residential land, has not previously been sold as a dwelling and has not been occupied.

Three points follow from the guidance note:

A refurbished or renovated established home does not become new.
A single dwelling built to replace a demolished one is treated as established.
A near-new dwelling is grouped with new dwellings. That means a dwelling in a large development that the developer sold but that never settled, and that has not been occupied for more than 12 months in total.

A home that has already been sold as a dwelling and is being resold by its first owner may not meet the definition of new. Check the status of the specific property with a lawyer before signing a contract.

What is still allowed

Purchase	Position under the ban
New dwelling, including off the plan	Allowed with approval, or under a developer's exemption certificate
Vacant residential land that has not had a dwelling on it	Allowed with approval and build conditions
Established dwelling for redevelopment adding at least 20 dwellings	Exception, with approval
Established dwellings at commercial scale (for example build to rent, retirement villages, aged care, student accommodation)	Exception, considered case by case
Housing for Pacific island and Timor-Leste workers (including PALM scheme workers) bought by a foreign-controlled employer	Exception, with approval
Incidental dwellings within a larger commercial purchase such as farmland	May be considered case by case
A mortgage or other security interest, such as a loan from a foreign lender	Not subject to the ban

Proposals that add fewer than 20 dwellings may be considered case by case, where the developer can clearly show that the proposal significantly improves housing affordability and supply. The guidance note's own example, keeping one house and building a second standalone house at the back, is described as something that will generally not be permitted.

Contracts and applications from before 1 April 2025

Applications made before 1 April 2025 were assessed under the earlier policy, even if the decision came after that date. Notices given on or after 1 April 2025 are assessed under the ban, even when the purchase itself happened earlier. The guidance note's example is a temporary resident who bought an established home in March 2025 without approval and gave notice in April 2025: the notice was not approved, and the person may have to sell and pay a penalty.

For anyone who has already bought without approval, the compliance guidance says retrospective applications for established dwellings from 1 April 2025 will generally not be approved, even where the home was bought before that date. The residential land note says they are assessed against the ban policy. The compliance guidance also says a disposal order can generally require the land to be sold within three months, and that penalties can still apply. Self-disclosing a breach may lead to a lower penalty.

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Frequently asked questions

Can a temporary visa holder buy an established home to live in?

No. The ATO says the ban includes temporary residents buying an established dwelling as a principal place of residence, and that you can no longer apply after 31 March 2025. Temporary residents can still apply to buy new dwellings or vacant land. See temporary visa holders for the wider picture.

Does the ban apply to Australian citizens living overseas?

Treasury's key concepts note says an Australian citizen who lives overseas may be a foreign person, but a section of the Regulation exempts acquisitions by Australian citizens who are not ordinarily resident in Australia. State rules are separate. The Australian expats page covers them.

Can I buy an established home jointly with my Australian spouse?

Regulation 38(3) exempts a foreign person who buys as joint tenants with a spouse or de facto partner who is, at the time of acquisition, a citizen, a permanent visa holder, or a Special Category visa holder (or entitled to that visa). Treasury's key concepts note lists the exemption and says it does not cover tenants in common, and its residential land note says other exemptions from screening may apply alongside the ban. Whether it covers a particular established home is worth confirming with a lawyer. See buying with a citizen or resident partner.

Will the ban end on 30 June 2029?

The official documents set 30 June 2029 as the end date as at October 2026. Dates can be changed by the government, so check the Foreign Investment website and the ATO's pages for the position at the time you contract.

Where do I check whether a property counts as new?

The ATO's page on types of property a foreign person can buy and Treasury's residential land guidance note give the definitions of new, near-new, vacant and established dwellings. For a specific home, a conveyancer or lawyer reads the contract and the property's history against those definitions before you sign.

Sources

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.