The first requirement: being a foreign person without an exemption
Approval is required only if the buyer is a foreign person and no exemption applies. Australian citizens, permanent visa holders, eligible New Zealand citizens and some joint tenant spouses are exempt for residential land. When approval is required lays out the exemptions and the zero dollar threshold. Everyone else buying residential land needs approval first.
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The property has to fit current policy
The official guidance sets different tests and conditions for each property type.
| Property | What the guidance says | Typical condition |
|---|---|---|
| New dwelling | Generally approved, unless it is a single dwelling built to replace one or more demolished dwellings. A new dwelling has not been previously sold as a dwelling or previously occupied | Price no greater than the value in the approval. No ongoing limits on use, so the owner may live in it or rent it out |
| Near-new dwelling | Part of a residential development, previously sold by the developer but the sale failed to settle, and not occupied for more than 12 months in total | Same as a new dwelling |
| Vacant residential land | Land where fewer than 10 dwellings could reasonably be built. Land that previously held a dwelling is generally treated under the established dwelling rules | At least one dwelling built, finished within four years of the approval notice, evidence of completion submitted to the Government within 30 days of that evidence being received, and no sale before completion |
| Established dwelling | Banned 1 April 2025 to 30 June 2029 | Limited exceptions: redevelopment adding at least 20 dwellings, housing on a commercial scale, and employer housing for Pacific island and Timor-Leste workers |
There is no limit on how many new dwellings, or vacant land parcels, a foreign person may acquire. Guidance Note 6 says Build to Rent proposals are not lodged with the ATO but go to Treasury, and that people relying on the commercial scale exception should contact Treasury about the submission process. The new homes and vacant land guides go deeper. A rebuilt home counts as established: a house demolished and replaced by a single new dwelling is treated as an established dwelling because it does not add to the housing stock.
What the application asks for
The ATO's online form is completed in one session, with a 25 minute inactivity timeout and no way to save a draft. The fee has to be paid before the application is reviewed. The ATO's guidance says requirements vary by application type, but typically include:
- your relationship status as a purchaser: sole buyer, joint tenants or tenants in common
- the property address and the expected price in Australian dollars
- the contract status and how you are buying, for example auction, ballot, private offer or tender
- ownership percentages, if applicable
Documents are attached where relevant. The ATO lists a sales contract, a passport or driver's licence, a bridging visa, development approvals, and construction schedules or building quotes. The ATO says the foreign person profile must be complete before you start, so missing details such as a phone number should be added first to prevent errors. A fuller list is in the documents checklist.
The Treasurer can also require more information. Treasury's guidance says that days from the time a notice requiring information is given do not count towards the decision period.
What is assessed
Most applications are tested against the national interest. Treasury lists the factors typically considered: national security, competition, other government policies such as tax revenue and the environment, the impact on the economy and community, and the character of the investor. Treasury's policy adds that the Government's policy is to channel foreign investment into new dwellings rather than established ones.
The policy also says assessment is risk-based and case by case, and lists new housing among the investments that are generally non-sensitive. It describes faster assessment for investors with a strong compliance record. Those are descriptions of how Treasury approaches assessment, not a prediction for an individual applicant.
Requirements that continue after approval
Approval is not the last obligation. The guidance describes four that follow a purchase:
| After you buy | What the guidance says |
|---|---|
| Register the property | A notice to the Registrar of the Register of Foreign Ownership of Australian Assets, generally within 30 days. See the register page |
| Vacancy fee return | An annual return, due within 30 days after the end of each vacancy year. A fee is payable if the home was not residentially occupied or actually available for rent for at least 183 days in the vacancy year. See the vacancy fee page |
| Keep records | Records relating to the investment must be kept for up to five years |
| Meet conditions | For vacant land, build within four years and do not sell before completion |
Keep reading
- What documents do you need for a FIRB application?
- How does a FIRB application work, step by step?
- When is FIRB approval required, and what are the FIRB thresholds?
- Australia's ban on foreign buyers of established homes: dates, exceptions and what is still allowed
- Can foreigners buy land in Australia? The vacant land rules and the build condition
- The FIRB Act and regulations: which laws apply to foreign home buyers?
Frequently asked questions
What if the price changes after I apply?
The approval is generally conditional on the purchase price being no greater than the value in the approval. The Act allows an application to vary an approval, and the ATO's form lists simple and complex variation types, which carry a fee. A conveyancer can say whether a price change in a particular deal calls for a variation. The fee guide covers who pays and when.
Does the property have to be my main home?
No. Treasury's guidance says there are generally no ongoing conditions on how the owner uses a new dwelling, so it may be lived in or rented out. The annual vacancy fee return still applies, and vacant land carries the building condition.
Can I buy more than one new home?
Yes. The guidance says there is no limit on the number of new or near-new dwellings a foreign person can acquire, and no limit on the number of vacant land parcels. Each acquisition needs its own approval or a developer's exemption certificate that covers it.
Does my country of citizenship affect the requirements?
Citizenship and visa status decide whether you are exempt, as explained above. Among foreign persons, the residential threshold is the same for all investors, and Treasury's policy says all proposals are reviewed on a risk-based, case-by-case basis regardless of the country of the investor. Some countries have their own pages, such as buying from Singapore or buying from China.
Sources
- Guidance Note 6: Residential land, version 5, Treasury
- Guidance Note 2: Key concepts, version 5, Treasury
- How to apply or vary an approval to buy residential property, ATO
- Residential property application for foreign investors, ATO
- Australia's foreign investment framework, Treasury
- Australia's Foreign Investment Policy, May 2026, Treasury
- Guidance Note 10: Fees, version 12, Treasury
- Guidance Note 15: Register of Foreign Ownership of Australian Assets, version 7, Treasury
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.