Preparing financially

Buying property in Australia as a non-citizen

Which legal status the FIRB rules actually apply to, the current established-dwelling ban, what's still allowed, contract timing, state costs, and ongoing obligations.

"Non-citizen" and "foreign person" aren't the same question

Whether the foreign-investment rules apply to you depends on your legal status, not simply whether you hold Australian citizenship:

This is a general guide, not a determination for unusual ownership structures, trusts, or people living overseas — confirm your own specific status with FIRB.

The current ban on established dwellings

From 1 April 2025 to 30 June 2029, foreign persons — including temporary residents and foreign-owned companies — are generally prohibited from purchasing established (previously lived-in) dwellings in Australia (Foreign Investment Review Board / Australian Government, verified 29 Jul 2026), with limited exceptions (for example, redevelopment that significantly increases housing supply). Don't assume an ordinary temporary resident can obtain an exception simply to live in an established home during the prohibition — exceptions are narrow. This is a real, current, time-limited policy — not a permanent rule — so confirm the current position directly before relying on it, especially as the end date approaches.

What's still generally allowed

Buying a new or qualifying near-new dwelling, or vacant residential land for development, generally still requires Foreign Investment Review Board (FIRB) approval — a separate process from the established-dwelling ban, with its own fees and conditions. Vacant-land approval generally comes with a construction condition (commonly around four years) to actually build within a set timeframe. Some developments may hold a new-dwelling exemption certificate covering multiple buyers, but you still need to confirm the specific transaction meets the requirements — don't assume a certificate automatically covers your purchase.

Buying with an Australian citizen or PR spouse or de facto partner

A foreign person who is the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen may generally acquire residential property — including an established dwelling — as joint tenants with their partner without needing FIRB approval (Foreign Investment Review Board / Australian Government Treasury, verified 4 Aug 2026). The joint-tenancy requirement matters: this exemption doesn't extend to a purchase as tenants in common, so how you structure ownership has a real FIRB consequence here, not just an estate-planning one — see buying a home with a partner for the joint tenants versus tenants in common distinction.

When should you apply, and how does it affect your contract?

Get approval before you acquire the property — not simply "before signing" as a loose rule. In practice this means not letting a contract become unconditional while your approval is still unresolved; have your solicitor or conveyancer draft or review a foreign-investment condition that protects you if approval is delayed or refused, rather than relying on informal timing.

FIRB approval doesn't remove state costs

Commonwealth FIRB approval is separate from state and territory costs. Most states charge a foreign-purchaser duty surcharge on top of ordinary transfer duty — the Northern Territory charges none at all, and the ACT charges none on duty but does apply an annual land tax surcharge to foreign owners instead:

These rates change independently of each other and of ordinary transfer duty — confirm the current position with the relevant state or territory revenue office before relying on a figure here for your own purchase.

Ongoing obligations after you buy

Purchases are generally required to be registered on the Register of Foreign Ownership of Australian Assets. Some properties may need an annual vacancy-fee return (and a fee if the property sits vacant), and you need to keep meeting any conditions attached to your approval, including development timeframes for vacant land.

Practical checklist

Before a non-citizen purchase

• Confirm your specific legal status (citizen, PR, temporary resident, NZ citizen) and whether FIRB applies
• Check whether the established-dwelling ban applies to your circumstances
• Have a foreign-investment condition drafted before signing, rather than assuming timing works out
• Check current state foreign-purchaser duty and land tax surcharges for your state
• Confirm any ongoing obligations — register notification, vacancy fee, development conditions

Questions for a professional

• Given my residency status, do I need FIRB approval for this specific purchase?
• Does the established-dwelling ban apply to me, and are there exceptions I might qualify for?
• What state duty and land tax surcharges would apply to this purchase?
• What condition should protect me if FIRB approval is delayed or refused?

Official resources

• Foreign Investment Review Board: residential land

Sources and methodology

• Residential land — foreign investment guidance — Foreign Investment Review Board / Australian Government (retrieved 29 Jul 2026)
• FIRB Guidance Note 2: Key Concepts — Foreign Investment Review Board / Australian Government Treasury (retrieved 4 Aug 2026)
• Foreign purchaser additional duty (current rates) — State Revenue Office Victoria (retrieved 29 Jul 2026)
• What is surcharge purchaser duty | Revenue NSW — Revenue NSW (retrieved 7 Aug 2026)
• Additional foreign acquirer duty (AFAD) | Queensland Revenue Office — Queensland Revenue Office (retrieved 7 Aug 2026)
• About foreign buyers duty | Western Australian Government — RevenueWA (Dept of Treasury and Finance, WA) (retrieved 7 Aug 2026)
• Foreign Ownership Surcharge | RevenueSA — RevenueSA (retrieved 7 Aug 2026)
• Rates of surcharge | State Revenue Office Tasmania — State Revenue Office Tasmania (retrieved 7 Aug 2026)
• Foreign ownership surcharge for land tax | ACT Revenue Office — ACT Revenue Office (retrieved 7 Aug 2026)
• Stamp duty | Department of Treasury and Finance — Territory Revenue Office, Northern Territory (retrieved 7 Aug 2026)

Figures on this page are drawn from Delora's local knowledge graph, refreshed from these primary sources and checked for changes on a regular schedule. If a figure here looks out of date, the official source above is always the authority — please let us know.