How does a FIRB application work, step by step?

Who handles the application

Treasury's guidance says applications for residential land are generally processed by the ATO. The Foreign Investment website says residential applications go through ATO Online services for foreign investors, and not through the Foreign Investment Portal used for other kinds of investment.

The Treasurer is the formal decision maker under the Act, which lets the Treasurer delegate powers (section 137), and Treasury's residential guidance says applications are generally processed by the ATO. This site is an independent guide. It does not lodge or process applications.

The steps in order

1. Work out whether you are a foreign person. Citizens, permanent visa holders and New Zealand citizens who hold or are eligible for a Special Category visa generally do not apply. Overseas residents and temporary residents do. The FIRB approval guide has the table.
2. Check the property type. New dwellings, off-the-plan dwellings and vacant land can be bought with approval. Established homes are banned from 1 April 2025 to 30 June 2029 apart from limited exceptions. See what foreigners can buy.
3. Choose the kind of approval. A no objection notification covers a named property. An exemption certificate covers one property in a state or territory you name, for 12 months, which is how buyers prepare for auction. Where a developer holds a certificate that covers your purchase, you generally do not need your own, but Treasury says to check the certificate covers you. See exemption certificates.
4. Sort out the contract wording. Treasury's guidance says you can sign a contract that is conditional on approval. The ATO's page is stricter in wording: before you enter any contract, you need approval or an exemption certificate. At an auction in NSW the highest bidder signs on the spot with no cooling-off period, so approval or a certificate is needed first. See FIRB approval in the contract of sale.
5. Set up your ATO access. The service uses myID. For people without an Australian ABN, the ATO asks for a myID with Basic identity strength, which it says does not need identity documents. If you have no tax file number the ATO allocates an ATO reference number. Complete your foreign person profile before you start the application.
6. Lodge the application. You choose the application type, then enter the purchaser relationship (sole, joint tenants or tenants in common), the address, the expected price in Australian dollars, whether the contract is signed and conditional, and how you are buying (auction, ballot, private offer or tender). Attach what the ATO lists. See the documents checklist. The form cannot be saved part-way, and the service times out after 25 minutes of no activity.
7. Pay the fee. The ATO says your application cannot be reviewed until payment is made in full. The amount depends on the price and property type: see application fees.
8. Wait for the decision. The 30-day decision period starts the day after the correct fee is paid. You are then told the decision within 10 days of it being made. Approval comes as a no objection notification, which Treasury describes as a letter from the Treasurer.
9. Read the notification before the contract becomes unconditional. It states the property, the price limit, the conditions and the time limit for taking the action, which is generally 12 months.
10. After settlement. A foreign person must give a register notice within 30 days of acquiring the land, and lodge a vacancy fee return each year. See the Register of Foreign Ownership and the vacancy fee pages.

Paying the fee

Treasury's current fees guidance says payment options are BPAY, direct credit and transfer from an overseas bank account, and that cheques are not accepted. Treasury also announced that credit and debit card payments for foreign investment fees stopped on 19 September 2026. Check the payment instructions the ATO shows for your application.

Two details in that guidance affect timing. Pay in Australian dollars and allow for any bank charges, because a shortfall delays processing. And use the payment reference number exactly as shown, with no spaces, names or hyphens added. If you overpay, the decision period still starts when you pay, and the overpaid amount is refunded.

Working out the dates

The decision period is 30 days counted from the day after the correct fee is paid. If day 30 falls on a weekend or a public holiday in the ACT, the period ends on the next business day. This example is illustrative only.

In certain circumstances the Treasurer can extend the period by up to 90 days in total by written notice, and you can agree to a longer period in writing. Days between an information request and your reply do not count towards the period. So the real end date can be later than the table shows. The timing guide covers what the published figures show in practice.

Slips that cost time

• Starting the form without the paperwork. Because the form cannot be saved, buyers who need to find a passport or contract mid-way risk losing their entries.
• A fee shortfall or wrong reference. Treasury says both can delay processing.
• Errors in a name or address. Fixing a spelling error or similar in an approval is a minor variation with a $4,600 fee. A standard variation is $31,300, and a variation fee is capped at the fee for the original application. If only the description of the land changes, such as a lot number, Treasury says the variation fee will generally be waived.
• Adding a person later. Treasury treats a request involving a new foreign person in the action as one that may need a new application, not a variation.

Frequently asked questions

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.