Who needs approval?
You are a 'foreign person' if you are not an Australian citizen, not a permanent resident, and not a New Zealand citizen holding (or eligible for) a special category visa. Temporary residents and non-resident New Zealand citizens are foreign persons.
Australian citizens living abroad and New Zealand citizens with a special category visa do not need approval. The definition is complex for companies and trusts — get advice if you are unsure.
The established-dwelling ban
From 1 April 2025 to 30 June 2029, foreign persons are banned from purchasing established (second-hand) dwellings in Australia, with limited exceptions. This includes temporary residents buying a home to live in.
Foreign persons can still apply for approval to buy vacant land or new dwellings. If you buy a new dwelling from a developer who holds an exemption certificate, you may not need your own approval — ask the developer first.
Application fees from 1 July 2026
Fees increase with property value and are adjusted each financial year. The 30-day decision timeframe does not start until the correct fee is paid. A separate annual vacancy fee can apply if the dwelling is not occupied or rented out for at least 183 days in a year.
| Property value | Fee per action (new or near-new dwelling or vacant land) |
|---|---|
| Less than $75,000 | $4,600 |
| $1 million or less | $15,600 |
| $2 million or less | $31,300 |
| $3 million or less | $62,600 |
| $4 million or less | $93,900 |
| $5 million or less | $125,200 |
How to apply
- Apply through the ATO's Online services for foreign investors before you sign any contract, or make the contract conditional on approval
- Pay the application fee when you submit
- Allow up to 30 days for a decision after full payment
- Buying without approval can lead to significant penalties
- Engage your conveyancer early so contract conditions, settlement timing and any state foreign-buyer duty surcharges are handled correctly
Useful tools: our fees · instant quote · Section 32 guide
Common questions
Can a temporary resident buy a home to live in?
Not an established dwelling while the ban applies (to 30 June 2029, with limited exceptions). Temporary residents can still apply to buy vacant land or a new dwelling.
Do I pay extra stamp duty as a foreign buyer?
Most states charge a foreign purchaser duty surcharge on top of ordinary transfer duty. The rate and rules differ by state — ask us for an estimate for your property.
Can DJR handle the conveyancing for a foreign buyer?
Yes. We act for foreign purchasers across QLD, NSW and VIC and can coordinate the contract conditions, settlement and duty. The FIRB application itself is lodged through the ATO.
Sources
- Australian Taxation Office — Are you a foreign person buying property?
- Australian Taxation Office — Residential fees for a foreign person
- Australian Taxation Office — Apply to buy residential property as a foreign person
- Foreign Investment Review Board — Residential real estate
General information only, not legal advice. Checked 23 October 2026.