Last reviewed: 1 November 2026
Quick answer
Families in Myanmar can buy property in Victoria, but the rules for foreign buyers are strict. Foreign persons are currently banned from buying established homes, with limited exceptions, and most other residential purchases need foreign investment approval. Victoria also charges foreign buyers extra duty and land tax. The biggest decisions are what to buy, whose name to buy in, and how the money will reach Australia.
Who is a foreign person?
For Australian foreign investment rules, a foreign person generally includes someone who is not an Australian citizen and does not ordinarily live in Australia, including many temporary visa holders such as students. A company or trust can also be a foreign person if foreign persons hold a substantial interest in it. A permanent resident living in Australia is generally not a foreign person for these rules, although state tax rules use their own definitions.
What a foreign person can usually buy
- new dwellings, including many off-the-plan apartments, usually with foreign investment approval;
- vacant residential land, usually on condition that a home is built within a set time;
- commercial property, under separate thresholds and rules.
From 1 April 2025, foreign persons have been banned from buying established dwellings, with limited exceptions. The ban currently runs to 30 June 2029. Check the current position before you commit, because these rules have changed several times.
Victorian taxes for foreign buyers
Victoria charges a foreign purchaser additional duty on residential property, an absentee owner surcharge on land tax each year, and in some cases a vacant residential land tax. These costs can be significant and continue for as long as you own the property, so they belong in the budget from the start.
Whose name should the property be in?
This is often the most important decision. The choices usually include a parent, an adult child studying or working in Australia, a company or a trust. Each choice affects foreign investment approval, Victorian taxes, what happens if the owner dies or the family separates, and how the property can later be sold or passed on. A property bought for a child but held in a parent’s name, or the reverse, needs clear documents so the family’s intention is not disputed later.
Paying for the property
The purchase money must reach Australia in time for settlement, and Myanmar-linked funds usually receive closer bank checks. Prepare the source-of-funds documents and confirm the transfer path before signing the contract. Our guide on moving family wealth from Myanmar explains why.
Signing from overseas
Contracts, identity checks and transfer documents can usually be signed from overseas, but the witnessing and verification rules are strict. Off-the-plan purchases also carry their own risks, such as delays, changes to the building and finance at settlement, so the contract should be reviewed before you sign or pay a deposit.
Frequently asked questions
Can someone living in Myanmar buy an apartment in Melbourne?
Often yes, if it is a new dwelling and foreign investment approval is obtained. Established homes are generally off-limits to foreign persons under a ban that currently runs to 30 June 2029.
Can our child on a student visa buy the property?
A student visa holder is usually a foreign person, so the same restrictions generally apply.
Are there extra taxes for foreign buyers in Victoria?
Yes. Foreign purchaser additional duty and an annual absentee owner surcharge on land tax usually apply.
Do we need to come to Australia to buy?
Usually not. Documents can generally be signed overseas with the correct witnessing and identity verification.
How we help
Chua Tan Associates has practised in Melbourne since 1990 and advises Myanmar and Sino-Burmese families on Australian legal matters. We are a second-generation family firm, and we understand how family businesses in South-East Asia hold and pass on wealth. We work by video and alongside your lawyers, accountants and private bankers in Myanmar, Singapore and Thailand. We help with:
- advice on what you can buy and whose name to buy in;
- foreign investment approval applications;
- reviewing contracts, including off-the-plan contracts, before you sign;
- conveyancing and settlement while you are overseas.
The first step is a paid 30-minute consultation by video or in Melbourne. Contact us to book.
This article is general information only and is not legal, tax or financial advice. Do not rely on it for your own situation: the law and practice change, and the right answer depends on your facts. Points about Myanmar law, Myanmar tax and foreign exchange rules are a general overview only; obtain advice from a Myanmar lawyer or tax adviser for matters in Myanmar.
Official sources
More guides for Myanmar and Sino-Burmese families
Related reading
Chua Tan Associates acts for families and their professional advisers on Australian legal matters with a cross-border dimension, working alongside lawyers overseas. To arrange a confidential consultation, please contact our Melbourne office on +61 3 9602 3988 or submit an enquiry. Advice is available in English, Mandarin and Cantonese.
Justin Chua (蔡智勋), lawyer and mediator, Chua Tan Associates, Melbourne. General information only, not legal advice.
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