How foreigners can buy investment properties in Australia
Foreign buyers can purchase Australian property as investors. But there are strict rules.
Key takeaways
- Buying an investment property in Australia as a foreign buyer comes with extra rules and regulations that you'll need to follow.
- The Foreign Investment Review Board (FIRB) oversees foreign property purchases and has its own application process.
- Most foreign buyers are limited to buying investment properties that are newly built.
Can foreigners buy property in Australia?
Yes. Non-Australians can buy property in Australia as investments. In Australia, foreign property purchases are regulated by the Foreign Investment Review Board (FIRB), which means foreign buyers must apply for approval through the FIRB before buying residential real estate.
According to the FIRB website:
The Australian Government's policy is to channel foreign investment into new dwellings. The overarching principle is that a proposed investment should increase Australia's housing stock. Investment into new dwellings creates extra jobs in the construction industry, helps support economic growth, and increases government revenues.
In other words, Australia's foreign property investment rules encourage foreign buyers to purchase new buildings and therefore stimulate the construction of new housing.
Purchasing new dwellings
Foreign investors can get approval to buy new buildings or vacant land (provided you construct a property on the land) for investment purposes.
Foreign investors are currently unable to invest in established dwellings (existing homes) unless you're planning significant redevelopment.
How does the FIRB application process work?
Before you apply for approval to purchase an investment property, it's recommended that you obtain expert legal advice to make sure you understand and comply with all the necessary legal requirements. Then you can follow the steps below to apply for foreign investment approval:
- Check the FIRB website to read the guidance and check if you need FIRB approval.
- Visit the ATO website and click on "Start your application".
- Fill out the application form with your contact details, passport, visa documents and any previous FIRB application reference numbers.
- Provide the address and title details of the property you wish to purchase.
- Read and sign the declaration.
- Submit the application and pay the relevant fee.
- A decision on your application is usually made within 30 days and you will be informed of that decision within 10 days.
You generally need FIRB approval before you can purchase the property, and many lenders will want to see it before they'll unconditionally approve or settle the loan with an Australian lender. Fees are payable at the time of lodging your application.
Penalties for breaking rules on foreign investment
There are serious potential penalties for breaching Australia's rules on foreign investment. Acquiring property without FIRB approval can involve hefty fines or time in prison.
There are higher penalties for foreign companies breaching these rules.
Home loan restrictions
If you need a home loan to cover your purchasing costs it's important to compare loans and lenders carefully. Many Australian lenders impose tighter lending criteria on foreign buyers. This can include:
- A lower loan-to-value ratio (LVR). LVR refers to your deposit size relative to the price of the property. You may need a larger deposit (around 30-40%) to qualify for a mortgage.
- A higher interest rate. A lender may only offer a loan for your investment with a higher interest rate than the lowest rates on the market.
- Restrictions on foreign income. Some lenders won't accept loan applications from temporary residents unless they earn an income in Australia.
If you want to get a home loan for your foreign investment you should approach lenders and ask directly about borrowing as a foreign investor. You could also focus on international banks that operate in Australia. Speaking to a local mortgage broker can also be a good idea.
Tax implications
Finally, it’s also worth remembering that there are tax implications for investing in Australian property. Any rental income you receive from your investment will need to be declared on an Australian tax return. You will need to pay Capital Gains Tax on any profit you make when selling the property.
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Hi
I am a temporary resident living and working in QLD – I want to buy an investment property to rent out. I understand this is only possible on a new dwelling, not established property. My question is would I be able to purchase an established dwelling if my sister was also a part owner of the property? My sister is an Australian citizen.
Thank you
Sophie
Foreign buyers can get exemptions when buying property with an Australian citizen if they are married to them or in a de facto relationship. I’m not sure a sibling relationship is accepted in this case. I suggest enquiring with the FIRB directly.
You said foreigners can only buy new buildings and not established ones. I wish to clarify if an apartment unit vacated and not bought since being built is regarded as a new building or not.
An exemption is that the foreigner has a local Australian or PR as joint tenants. Do they have to be spouse? Or just friend?
Hello Billy,
If you want the latest information and answers to really specific questions about foreign investment I suggest contacting the Foreign Investment Review Board directly.
Sorry we can’t be more helpful.
Richard
Hi
Is it possible to refund the fee that was paid to apply for the FIRB, if I am waiting for the application to be approved but somebody else purchase the property before me? In addition, How much total money do I need to pay to apply for the property which is worth around 700,000?
Hi Linda,
FIRB does offer discretionary refunds of fees on withdrawals of foreign investment applications in relation to the COVID-19 pandemic. If the measures resulted in delays to, or deferrals of, investment decisions that are currently the subject of a foreign investment application, and the applicant decides to withdraw, the FIRB will consider refunding the fee paid.
The fees you need to settle will depend on the value and type of action being taken, and whether special fee rules apply. You may use FIRB’s fee estimator once it’s available on their page for reference or you can email them at firbenquiries@treasury.gov.au to get an estimate.
I suggest getting in touch with FIRB to inquire about a refund.
Kind regards,
Richard
is it possible for an individual on student visa to buy a property in australia? for instance,the property worth is six hundred thousand dollars,how much will i be elijible to deposit and how do i get a morgage from the bank to pay up?
Hi AK,
Yes, student visa holders are allowed to purchase one established dwelling provided they’re granted permission to do so by the FIRB (Foreign Investment Review Board). Get more insights on how to get FIRB approval here.
Non-Resident students can typically borrow up to 80% of the purchase price thereby requiring a 20% deposit plus costs. Kindly visit our guide on Home loans for temporary residents of Australia for tips on how to obtain a loan.
You can also consider consulting a mortgage broker, to discuss the type of home loan that will complement your borrowing needs.
Kind regards,
Richard
What are the exemptions for tenants in common? One purchaser is an Australian citizen and the other a permanent resident (not spouses)
Hello JL,
This depends on your state and territory and also what kind of exemption you’re talking about. If your property is your main residence, then transferring between spouses usually means you are exempt from stamp duty.
But you should probably consult a tax professional or conveyancer to get a more definite answer.
Kind regards,
Richard