Residential real estate

14 October 2024 | News

If you are not an Australian citizen or do not hold a permanent visa, it is highly likely that you will need to obtain approval from the Foreign Investment Review Board (FIRB) before you can purchase property.

After submitting the application, the FIRB is required to respond within 40 days, but it reserves the right to extend this period to 130 days in extraordinary circumstances.

While waiting for approval, you can still sign contracts, but it must be stated that the contract is conditional on obtaining the authorization; otherwise, you risk breaching the contract and becoming liable for financial penalties.

However, pending the authorization, you cannot participate in or win auctions (a fairly common practice in Australia), as auctions are conducted without the possibility of including contingency clauses.

If you are purchasing a newly built property or rural dwelling, it may not be necessary to obtain FIRB approval by submitting an exemption request.

Registration fees for acquisitions of established dwellings from July 1, 2024, to June 30, 2025

AmountFee per action
Less than $75,000$12,900
1 million dollars or less$44,100
2 million dollars or less$88,500

Registration fees for acquisitions of new or near-new residential dwellings or vacant residential land from July 1, 2024, to June 30, 2025

AmountFee per action
Less than $75,000$4,300
1 million dollars or less$14,700
2 million dollars or less$29,500
3 million dollars or less$59,000

Source: ATO Foreign Investment in Australia