This article provides general information on the Australian Government’s policy on purchases of estate by foreign interests.


This article provides general information on the Australian Government’s policy on purchases of estate by foreign interests. The information is provided as a guide only, and are extracts from the FIRB web site.
Proposed acquisitions of residential real estate
are exempt from examination in the case of
Australian citizens living abroad and foreign
nationals who are the holders of permanent resident
visas or are holders, or entitled to hold, a
'special category visa'.
Proposed acquisitions of real estate for
development (within 12 months) are normally approved
unless they are considered contrary to the national
interest.
Foreign interests are normally given approval to
buy vacant residential land (on condition that
continuous construction of a dwelling is commenced
within 12 months) and to buy home units, townhouses,
etc 'off-the-plan', under construction or newly
constructed but never occupied (the 'off-the-plan'
criteria only apply to new development projects or
extensively refurbished commercial structures which
have been converted to residential), on condition
that no more than half of the units in any one
development is sold to foreign interests.
Proposed acquisitions of residential property
(both vacant land and existing dwellings) which are
within the bounds of a resort that the Treasurer has
designated as an 'Integrated Tourism Resort' are
exempt from examination.
Proposed acquisitions of developed residential
real estate by certain categories of foreign
nationals temporarily resident in Australia for more
than 12 months purchasing a residence for use as
their principal place of residence while in
Australia (and not for rental purposes) are normally
approved. This category includes long-stay retirees.
All other proposals by foreign interests to
acquire developed residential real estate are
examinable and are not normally approved, except in
the case of foreign companies, with an established
substantial business in Australia, buying for named
senior executives resident in Australia for periods
longer than 12 months, provided the accommodation is
sold when no longer required for this purpose.
Whether a company is eligible, and the number of
properties that may be acquired under this category
will depend upon the extent of the foreign company's
operations and assets in Australia. Unless there are
special circumstances, foreign companies normally
will not be permitted to buy more than two houses
under this category. Foreign companies would not be
eligible under this category where the property
would represent a significant proportion of its
assets in Australia.
Proposed acquisitions of developed
non-residential commercial real estate are normally
approved unless they are contrary to the national
interest.
Hotels and motels operating under one title are normally approved (unless considered contrary to the national interest) under the tourism sector policy, other accommodation facilities such as guest houses, holiday flats, strata titled hotels and motels are examined under policy applying to residential real estate sector.