Can Foreigners Buy Property in Australia?

Can Foreigners Buy Property in Australia? (High-Level Answer)

In broad terms, many non-residents and temporary visa holders may be able to buy certain types of property in Australia, usually subject to approval from the Foreign Investment Review Board (FIRB) and compliance with Australian laws and regulations. However, the rules are detailed, can change, and depend heavily on your visa status, your residency for tax purposes and the type of property you wish to purchase.

The Australian Government publishes guidance for foreign investors on an official FIRB website. This is the primary source of information about what is currently permitted for various types of foreign buyers and investment proposals.

Foreign Investment Review Board (FIRB) ? General Concept

The Foreign Investment Review Board (FIRB) is a non-statutory body that advises the Australian Government on foreign investment policy and proposals. In many cases, foreign persons who wish to buy residential property in Australia must apply for FIRB approval before they can proceed.

FIRB guidance typically distinguishes between:

• Different categories of foreign persons (for example, temporary visa holders, non-residents, some types of corporations and trusts)
• Different types of property (for example, new dwellings, off-the-plan properties, vacant land, established dwellings)
• Different purposes (for example, investment, development or owner-occupation by a temporary resident)

The specific requirements, fees and conditions are set out by the Australian Government and may be updated from time to time. It is important to refer to current official guidance and obtain tailored advice.

Types of Property Foreign Buyers Commonly Ask About

When foreign buyers explore Australian property, they often ask broad questions about:

• Whether they can purchase new apartments or houses in new developments
• Whether they can buy an existing (established) dwelling, and if so, under what conditions
• Whether they can purchase vacant land and build a home, or purchase land for development or commercial use
• How rules differ between buying a home to live in temporarily and buying an investment property

The answers depend on the foreign investment framework, your visa status and the nature of the proposal. Some scenarios may be permitted with FIRB approval and subject to conditions, while others may not be allowed. Only the current law and official FIRB guidance ? interpreted with help from your advisers ? can provide clarity for your situation.

Visa Status, Residency and Tax ? Why Professional Advice Matters

Whether you are considered a foreign person for FIRB purposes, a resident or non-resident for tax purposes, and how Australian migration law applies to you are complex questions that cannot be answered from a general web page. Different visa categories and residency statuses can result in different obligations and opportunities.

For example, some foreign buyers may need to consider:

• FIRB application fees and conditions for approval
• State taxes and surcharges, such as land tax or foreign owner stamp duty surcharges (where applicable)
• Income tax consequences from rental income and potential capital gains tax when selling
• Lending and deposit requirements imposed by banks or lenders

Because these areas overlap tax, migration, banking and property law, it is important to obtain detailed advice from qualified professionals who can consider all aspects together.

Official Sources for Foreign Investment Information

The most reliable way to understand the current rules for foreign buyers is to review official Australian Government guidance and then seek personalised advice. Key official sources include:

• The Australian Government's Foreign Investment Review Board (FIRB) information for residential real estate proposals
• State and territory revenue authority websites for stamp duty, land tax and any foreign buyer surcharges that may apply
• The Australian Taxation Office (ATO) for information about income tax and capital gains tax relating to property
• Official migration and visa information from the Department of Home Affairs

These sources should be treated as primary references. A buyers agent can help you interpret how broad rules might affect your property search, but cannot confirm compliance or provide tax or migration advice.

Practical Steps for Foreign Buyers Considering Australian Property

A cautious, step-by-step approach may help you organise your thinking if you are a foreign buyer considering Australian property. General steps people often work through include:

• Confirming your current visa status and residency position with a migration adviser and/or tax adviser
• Reviewing FIRB guidance to understand what kinds of property purchases may require approval
• Checking state and territory tax rules relevant to your target locations (stamp duty, land tax and possible surcharges)
• Speaking with lenders or mortgage brokers about borrowing options for non-residents or foreign buyers
• Considering how currency exchange, banking arrangements and settlement processes will work in practice
• Engaging a solicitor or conveyancer who is familiar with foreign-buyer transactions in the relevant state or territory

Our general property buyer checklist can sometimes be used alongside this process to keep track of practical tasks, but it does not replace specialist advice for foreign investors.

How a Buyers Agent in Sydney May Assist Overseas Buyers

A buyers agent in Sydney can assist overseas and interstate clients with practical aspects of the property search and acquisition process. For example, they can:

• Help you narrow down suitable suburbs based on your preferences and independent advice from your other advisers
• Attend inspections on your behalf and provide feedback on layout, condition and local surroundings
• Coordinate communication with selling agents and help you prepare for auctions or private negotiations
• Work in parallel with your solicitor, tax adviser and migration adviser to ensure property-related tasks are organised

A buyers agent cannot guarantee outcomes or provide legal, tax or migration advice. Their role is to support your property search and negotiation process while your specialist advisers handle compliance, visa and tax matters.

Our Buyers Agent Sydney page explains how a Sydney-based buyers agency service works in more detail for local, interstate and overseas clients.