1. Can foreigners buy real estate in Australia?
2. Do we need permission to buy and from whom?
3. What are the restrictions for residential properties?
4. Can foreigners buy land for residential purpose?
5. Can foreigners buy commercial real estate?
6. Why purchase of residential real estates are controlled or regulated by FIRB?
7. What can happen if housing market is controlled by foreign companies or countries?
8. Why new residential properties are not restricted?
9. Is land for residential use not restricted?
10. Why the buying of existing residential properties are not allowed?
11. Are there any exemptions to foreigners purchasing existing residential properties?
12. What are those exemptions?
13. Other exemptions?
14. What about foreign companies?
15. What about registering or buying a shelf company in Australia?
16. Can Australian Pty Ltd buy residential properties?
1. Can foreigners buy real estate in Australia?
In general yes, but there are restrictions especially residential properties.
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2. Do we need permission to buy and from whom?
Yes, the Australian Government authority, FIRB, Foreign Investment Review Board is has power to review foreign investments of all kinds from industrial, financial to residential investments. Their aim is to ensure that the investment is in the best interest of Australia.
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3. What are the restrictions for residential properties?
Answer: Basically all residential properties investments are restricted. Permission will usually be given to off the plan or new residential properties.
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4. Can foreigners buy land for residential purpose?
FIRB application is required and permission is usually given provided that significant development is to begin within 12 months.
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5. Can foreigners buy commercial real estate?
Normally there is no restriction save for multimillion transaction that FIRB may need to review if the purchase is in the best interest of Australia.
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6. Why purchase of residential real estates are controlled or regulated by FIRB?
Answer: The Australian government see the stability of the Australian housing market for its people as a national goal, therefore, its supply and demand must not be in the hands of foreign control.
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7. What can happen if housing market control is in the hands of foreign companies or countries?
Answer: Housing rental and prices can be manipulated by outside forces. For example, a wholesale increase in rental of housings in Australia can cause significant effect on the lives of all Australians. Such decision can only be in the hands of the Australian government.
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8. Why new residential properties are not restricted?
Answer: The Australian government sees development and sales of new dwelling can only increase the supply of housing and bring in investments which are usually beneficial to Australia as a whole.
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9. Is land for residential use not restricted?
Usually FIRB would allow foreigners to purchase land for residential development. It is for the same reason as the new residential properties. The normal condition of the approval is a genuine program to develop the land into housing.
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10. Why the buying of existing residential properties are not allowed?
Unlike development and sales of new housing, foreigners buying existing housing tend to bid up the prices of the stocks of available residential properties, which is undesirable to Australia, hence they are not allowed.
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11. Are there any exemptions to foreigners purchasing existing residential properties?
Yes, but they all have one condition which is the purchase must be for the foreigners' own use over an allowable period.
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12. What are those exemptions?
International students can purchase residential properties below $200,000 for their accommodation during their studies in Australia. When they finish their studies, they must sell the properties.
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13. Other exemptions?
Visitors who are on long term temporary visa's can apply for the same reasons as the international students except there are no value limitations.
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14. What about foreign companies?
Foreign companies doing business in Australia can apply to buy residential properties. If foreign companies require to have accommodation for their executives, or employees while on business visits in Australia, they can purchase a residential property for that purpose.
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15. What about registering or buying a shelf company in Australia?
Private proprietary company limited is the most widely used company. For it to register as Australian Pty Ltd, it must have one director and a secretary Australian resident. It can also be an one director (no secretary) sole shareholder Pty Ltd.
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16. Can Australian Pty Ltd buys residential properties?
Yes, it is the same as an Australian permanent resident.
General information only - non advisory
The material on above provides general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions or taking any action regarding your legal rights and obligations in any particular circumstances.
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Conveyancing In Australia