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FIRB ApprovalIndependent guide

Checked 5 October 2026

What is FIRB, and what does it mean if you want to buy a home in Australia?

FIRB stands for the Foreign Investment Review Board, a body that advises the Treasurer on foreign investment in Australia. When property buyers talk about needing "FIRB approval", they mean the written permission, called a no objection notification, that a foreign person needs before buying residential land. For homes and land, that application goes to the Australian Taxation Office (ATO), not to the Board itself. This guide was checked against official sources in October 2026.

For residential property there is no minimum price. Treasury's 2026 threshold table lists residential land at $0 or more for all investors, so a foreign person needs approval at any price unless an exemption applies.

Where the name comes from

Treasury describes the Foreign Investment Review Board as a non statutory body set up in 1976 to advise the Treasurer. Its functions are advisory only, and responsibility for decisions rests with the Treasurer. Treasury's Foreign Investment Division administers the regulatory framework and supports the Board's work, with the ATO covering residential real estate.

In everyday speech the one word "FIRB" gets stretched to cover several different things:

  • the Board, which advises
  • the rules, which sit mainly in the Foreign Acquisitions and Takeovers Act 1975 and its regulations (see the laws explained)
  • the approval document a buyer receives
  • the whole application process

This guide keeps them apart: "the Board" for the advisory body and "approval" for the notification.

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What the system checks

Most proposals are assessed against the national interest test. Treasury lists the factors typically taken into account: national security, competition, the effect on other government policies such as tax revenue and the environment, the impact on the economy and the community, and the character of the investor. The Act does not define the national interest, so the Treasurer decides case by case.

For homes there is an extra principle. Government policy is to channel foreign investment into new dwellings, because new dwellings add to housing supply. Applications are therefore considered against the idea that the investment should increase the housing stock. That is why new dwellings and vacant land to be built on can be approved, while purchases of established homes are banned from 1 April 2025 to 30 June 2029, apart from limited exceptions. The what you can buy page covers the property types.

Treasury's policy describes the framework as a negative test: proposals are presumed to proceed unless they are found to be contrary to the national interest or national security. That describes the legal test. It is not a forecast for any one application.

Who it applies to

The rules apply to foreign persons. The Act defines these by reference to residence, not just nationality.

BuyerApproval needed for residential land?
A foreign national living overseasYes
A temporary visa holder whose visa allows a continuous stay of more than 12 months, or someone on a bridging visa while a permanent visa application is decidedYes, because the Act treats them as foreign persons
A company or trust in which foreign persons hold a substantial interest (usually 20% for one foreign person, or 40% for two or more together)Yes
An Australian citizen living overseasNo, exempt under regulation 35
A holder of a permanent visaNo, exempt under regulation 38(2)
A New Zealand citizen who holds, or is eligible for, a special category visaNo, exempt under regulation 38(2)
A foreign person buying as joint tenants with a spouse or de facto partner who is an Australian citizen, permanent visa holder or eligible special category visa holderNo, exempt under regulation 38(3)

Under the Act, a person counts as ordinarily resident only if they have actually been in Australia for 200 or more days of the previous 12 months and their stay is not limited in time by law. The detail sits in who counts as a foreign person and temporary residents.

What approval is for a home buyer

The approval is a no objection notification. Treasury's guidance describes it as a letter from the Treasurer that lets the applicant take a specified action within a set period, usually 12 months, and it may carry conditions. For a home or land purchase the ATO assesses the application. The ATO says it can take up to 30 days after it receives full payment of the fee.

The notification answers one question: does the Commonwealth object to this foreign person taking this action under the foreign investment rules. It does not replace a lender's decision, and state and territory surcharges on stamp duty and land tax are separate taxes (see the surcharges). The full steps are on the FIRB approval page, and what the approval covers is explained separately.

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Frequently asked questions

Is FIRB a government department?

No. The Board is a non statutory advisory body. Treasury's Foreign Investment Division administers the framework and supports the Board. For residential real estate, the ATO reviews proposals, administers the vacancy fee and enforces compliance. The Treasurer is the decision maker and has delegated decisions on non-sensitive matters to Treasury and ATO officers.

Do Australian citizens need FIRB approval to buy a home?

An Australian citizen living overseas may be a foreign person under the Act. The Regulation exempts citizens who are not ordinarily resident in Australia from needing approval to acquire land (regulation 35). Permanent visa holders are exempt for residential land under regulation 38(2). Anyone unsure of their own position can ask the ATO or a lawyer.

Is there a FIRB phone number I can call?

For residential real estate, the ATO's foreign investment line is 1800 050 377 in Australia, or +61 2 6216 1111 from overseas with a request to be transferred. Treasury's own email and phone line are for pre-lodgement enquiries on the proposals Treasury handles, not residential ones. The contact guide lists both.

Does FIRB approval mean a bank will lend to me?

No. The notification is a decision under the foreign investment rules. A lender makes its own credit decision under its own policy. The home loans guide covers how lending works for foreign buyers.

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.