FIRB Approval Australia: Complete Guide for Foreign Property Buyers
Foreign nationals wanting to purchase residential property in Australia generally require approval from the Foreign Investment Review Board (FIRB) before they can proceed. This guide explains who needs approval, what types of property are available, how to apply, and the fees involved.
Who Needs FIRB Approval?
You need FIRB approval if you are a:
- Temporary visa holder (including 482, 485, 500 student visa holders)
- Foreign national living abroad
You generally do not need approval if you are:
- An Australian citizen
- An Australian permanent resident
- A New Zealand citizen
- Purchasing jointly with your Australian citizen or PR spouse and the purchase is of your principal place of residence
If you are unsure of your status, check the FIRB website or seek legal advice before signing a contract — penalties for breaching FIRB rules are severe.
What Can Temporary Residents Buy?
Temporary residents are restricted in what they can purchase:
- New dwellings — approved for purchase without restrictions (stimulates housing supply)
- Established dwellings — only permitted as your principal place of residence (you must live in it), and you must sell within three months of ceasing to live in it
- Vacant land — permitted for construction of a new dwelling, which must begin within four years
- New dwelling exemption certificates — developers can obtain these, allowing any foreign purchaser to buy in a development without individual FIRB approval
You cannot purchase an established dwelling as an investment property (to rent out) unless you are a citizen or permanent resident.
Application Process
- Identify the property type — new or established
- Lodge an application at firb.gov.au before signing the contract (or make signing conditional on FIRB approval)
- Pay the application fee — see below
- Await a decision — the statutory timeframe is 30 days, but the Treasury can extend this by a further 90 days. In practice, most straightforward applications for residential property are decided within 30 days
- Include approval conditions in the contract — FIRB approval usually comes with conditions (e.g. sell within 3 months of vacating)
Always apply before exchanging contracts. Signing without approval (or a condition of approval) is a breach of the Foreign Acquisitions and Takeovers Act.
FIRB Application Fees
Fees are calculated based on the property price and are updated annually. As of 2025–26:
| Property value | Fee |
|---|---|
| Up to $75,000 | $4,200 |
| $75,001 – $1,000,000 | $14,700 |
| $1,000,001 – $2,000,000 | $29,400 |
| Each additional $1,000,000 | +$29,400 |
These fees are in addition to any foreign purchaser surcharge on stamp duty charged by state governments (see the Foreign Buyer Surcharge Calculator).
Surcharge Stamp Duty
Most states impose an additional surcharge on stamp duty for foreign purchasers:
- NSW: 8% surcharge on top of standard stamp duty
- VIC: 8%
- QLD: 7%
- SA: 7%
- WA: 7%
- TAS, ACT, NT: no foreign purchaser surcharge currently
This can add tens of thousands of dollars to the cost of purchasing in states like NSW and VIC.
Penalties for Non-Compliance
Purchasing without FIRB approval is a serious offence. Penalties include:
- Civil penalty — up to 25% of the property value
- Criminal prosecution — fines and potential imprisonment for deliberate breaches
- Forced divestiture — the government can require you to sell the property, potentially at an unfavourable time
Practical Tips
- Always check your visa status before making an offer or attending auction
- Use a conveyancer or solicitor experienced in foreign investment transactions
- If you are on a bridging visa, check whether you are treated as a temporary resident for FIRB purposes (you may be)
- Keep your FIRB approval documentation safe — you may need it when you eventually sell
Use the Foreign Buyer Surcharge Calculator to estimate the FIRB fee and stamp duty surcharge applicable to your purchase.