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  Foreign Buyers

Foreign buyers may acquire Australian property without FIRB approval in the following* cases:

 (1) New Dwellings
 

Purchasing new dwelling(s) from the developer, where the developer has pre-approval to sell those dwellings to foreign persons;

   
 (2) From Government
 

Purchasing property from the Government (Commonwealth, State or Territory, or local).

   
 (3) Commercial Property
 

Acquiring an interest in developed commercial property where the property is to be used immediately and in its present state for industrial or non residential commercial purposes. The acquisition must be wholly incidental to the purchaser's proposed or existing business activities.

    OR
 

Acquiring an interest in developed commercial property valued at less than $50 million or $953 million (indexed annually) for US investors, or $5 million for heritage listed properties where the acquirer is not a US investor.

   
 (4) Tourism Resort
 

Purchasing certain residential real estate in an Integrated Tourism Resort.

   
 (5) Temporary Resident
  Temporary resident purchasing:
 
  • single block(s) orf vacant land;
  • new dwelling(s); and/or
  • a second hand dwelling to be used as your principal place of residence (including if it is going to be demolished first then redeveloped).
  * this is only a partial list relevant to our clients

Common Questions

 (A)

Can I apply for foreign investment approval before finding a property?

 

No, foreign investment approval is required for a specific property you wish to acquire. You cannot apply for a general or ‘in principle’ pre‑approval.

   
 (B) Can I apply for two or more properties at once?
 

Yes, but you must submit a separate application for each property you wish to purchase.

   
 (C) How many properties can I purchase?
 

There are no restrictions on the number of properties you are permitted to purchase, but you must obtain approval and meet the eligibility criteria for each property.

   
 (D) Do I need approval to sell the property?
 

No, but you should be aware that the foreign investment policy may apply if foreign person(s) want to purchase it from you (that is, you should ensure that the contract of sale is conditional upon the foreign purchaser(s) receiving foreign investment approval).

However, you will need approval if you intend to sell the property without complying with the conditions specified in your approval – for example, if you purchased vacant land and you wish to sell the land without constructing any dwelling(s); or if you purchased property for redevelopment and you wish to sell it without demolishing the existing dwelling and building new dwellings.

   
 (E) Can I rent out the property?
 

If you purchase a new dwelling – yes.

If you purchase vacant land – you can rent out the dwelling(s) that you construct on the land.

If you purchase an established dwelling for redevelopment purposes – you cannot rent out the existing dwelling, but you can rent out the new dwellings that you construct after demolishing the existing dwelling.

If a company purchases an established dwelling for their Australian-based staff – you may rent out the dwelling if it is expected to remain vacant for more than 6 months and you are unable to sell it.