Last reviewed: October 2026
If you are not an Australian citizen or permanent resident, you will almost always need foreign investment approval before you buy Australian residential property. The rules tightened significantly in 2025, and the government has since extended the ban on foreign purchases of established homes to 30 June 2029. Buying the wrong property, or signing the contract too early, can lead to penalties or an order to sell.
This guide explains the current position for buyers in Singapore, Malaysia and Indonesia, and for Australians living there.
Do you need FIRB approval?
| Buyer | Approval needed for residential property? |
|---|
| Singapore, Malaysian or Indonesian citizen living overseas | Yes |
| Temporary visa holder in Australia (student, work visa) | Yes |
| Australian citizen living in Singapore, Malaysia or Indonesia | No |
| Australian permanent resident ordinarily living in Australia | No |
| Foreign spouse buying with an Australian citizen or PR spouse as joint tenants | Generally no |
| Company or trust controlled by foreign persons, including an Australian company | Usually yes |
The last row catches many families. An Australian company owned by a Singapore parent, or a family trust with foreign beneficiaries, can itself be a “foreign person”.
The ban on established homes, now to 30 June 2029
From 1 April 2025, foreign persons — including temporary residents and foreign-owned companies — have been banned from buying established (previously occupied) dwellings, with narrow exceptions for projects that significantly add to housing supply. The ban was due to end on 31 March 2027. In the 2026–27 Budget, the government extended it to 30 June 2029.
What foreign buyers can still buy
New dwellings, including off-the-plan apartments and townhouses. Some developments hold an exemption certificate allowing sales to foreign buyers.
Vacant residential land, on condition that construction is completed within a set period (usually four years). The ATO actively enforces this.
Commercial property, subject to monetary thresholds that depend on the type of land and the investor’s country. Vacant commercial land requires approval at any value.
Agricultural land, subject to cumulative thresholds and registration with the ATO.
The process
Confirm the property type. Is it genuinely new, or established?
Apply before you sign an unconditional contract. Either apply first, or sign a contract that is conditional on approval. Residential applications are lodged with the ATO.
Pay the application fee. Fees are tiered by price, indexed every 1 July, and generally non-refundable. Confirm the current figure with the government fee estimator.
Wait for a decision. The statutory period is 30 days from a complete application and fee, which can be extended.
Comply with conditions after purchase. These include reporting, building deadlines for vacant land, and an annual vacancy fee if a dwelling is left empty for more than six months a year.
The costs that matter more than the FIRB fee
The approval fee is often the smaller cost. Most states charge a foreign purchaser stamp duty surcharge — currently 8% in Victoria and 9% in New South Wales, on top of ordinary stamp duty — and an annual land tax surcharge for foreign owners. On a A$1 million apartment, these surcharges add A$80,000 to A$90,000 at purchase alone. Our guide to holding Australian property through trusts and companies explains how ownership structure affects these surcharges.
Australians living in Singapore, Malaysia or Indonesia
Australian citizens living overseas do not need FIRB approval and are not caught by the ban. But if you buy with a foreign spouse as tenants in common, or through a company or trust, the purchase may be treated as foreign. Get advice on the structure before you sign.
Frequently asked questions
Can a Singaporean buy a house in Melbourne? A new house or off-the-plan property, yes, with approval. An established house, generally not until after 30 June 2029.
Can Indonesians buy property in Australia? Yes, on the same basis as other foreign buyers: new dwellings and vacant land with approval, but not established homes during the ban.
I am a Malaysian student in Australia. Can I buy the apartment I live in? Not if it is established. Before April 2025, temporary residents could buy one established home to live in. That is no longer allowed.
What happens if I buy without approval? The ATO can impose substantial penalties and order the property sold.
Contact us. We act for overseas buyers on FIRB applications and the purchase itself. Book an initial consultation before you sign anything.
Related reading: Buying Australian property from overseas (read the guide); Holding Australian property through trusts and companies (read the guide).
This article is general information only and is not legal advice. Figures and rules are as at October 2026 and change regularly.
Sources: ATO — extending the ban on foreign purchases of established dwellings · Revenue NSW 2024–25 Budget measures · Allens on the 2025 ban and exceptions
Justin Chua (蔡智勋), lawyer and mediator, Chua Tan Associates, Melbourne. General information only, not legal advice.
简体中文 
English (Australia) 
繁體中文