Foreign ownership of Australian residential property is governed by a federal approval system layered with state duty, surcharge and tax rules. Confirm status and approval before entering a binding contract.
Established dwellings are generally prohibited
From 1 April 2025 to 30 June 2029, foreign investors are generally prohibited from purchasing established dwellings. Limited exceptions can apply, including particular redevelopment or temporary-resident circumstances.
Do not assume a visa label used by a lender gives the same answer under foreign-investment law. Obtain Australian legal advice about the purchasing entity and each proposed owner.
Approval normally comes first
Foreign persons generally need foreign-investment approval before acquiring an interest in Australian residential land. Application fees apply and a contract may need a suitable approval condition.
New dwellings and vacant land may be available within the framework, but approval conditions, construction timeframes and developer exemption certificates can matter.
Registration and vacancy duties continue
After acquisition, notification to the Register of Foreign Ownership may be required. Foreign owners can also have annual vacancy-fee reporting obligations.
A vacancy fee may apply when a dwelling is not residentially occupied or genuinely available for rent for more than 183 days in the relevant vacancy year.
State costs sit on top
NSW, Victoria, Queensland, Western Australia, South Australia and Tasmania impose foreign purchaser surcharges in relevant circumstances. Land-tax surcharges or absentee-owner rules can also apply.
A national stamp-duty estimate should never be treated as the complete foreign-buyer cost. Confirm the state revenue-office position and obtain tax and legal advice before commitment.
Common questions
Can a temporary resident buy a home in Australia?+
Potentially, but federal approval and property-type restrictions generally apply, and lender or state rules may use different status tests. Established-home purchases are generally prohibited during the current federal ban subject to limited exceptions.
Can a foreign buyer purchase a new apartment?+
A new dwelling may be available subject to foreign-investment approval or a developer exemption certificate, ownership limits, state surcharges and the exact transaction.
Does mortgage approval replace foreign-investment approval?+
No. Credit approval and legal authority to acquire the property are separate matters.
This guide does not consider your objectives, financial situation or needs. Lending policies, government programs and thresholds can change. Obtain current credit, legal, tax or financial advice as appropriate.
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