Can Foreigners Buy Property in Australia? Your Complete 2026 Guide to FIRB Approval, Foreign Investment Rules, Restrictions and Legal Requirements
Can foreigners buy property in Australia? The short answer is yes, but the detailed answer is considerably more complex. Foreign nationals, temporary visa holders, overseas companies and foreign government investors who wish to acquire Australian property must navigate a strict legal framework administered by the Foreign Investment Review Board, comply with a temporary prohibition on purchasing established dwellings that applies from April 2025 to March 2027, pay FIRB application fees and state-level stamp duty surcharges, and in many cases meet ongoing conditions attached to their FIRB approval.
Understanding whether you qualify as a foreign person under Australian law, what types of property you are permitted to purchase, whether you need FIRB approval before proceeding, and what the full cost of compliance looks like is essential before committing to any Australian property transaction. Getting this legal analysis wrong can result in civil penalties exceeding AUD 825 million, criminal prosecution and forced divestment of the property.
At CollinsQuarters, our FIRB lawyers and property and conveyancing lawyers advise foreign investors on every aspect of acquiring property in Australia, from the initial eligibility assessment through to FIRB application lodgement, settlement and ongoing compliance. Our investment and market entry practice works alongside our migration and global mobility practice and our employer sponsorship practice to deliver integrated FIRB, immigration and property legal advice for foreign buyers across Melbourne, Sydney, Brisbane, Perth, Adelaide and all major Australian cities. This guide explains what foreigners can and cannot buy in Australia in 2026, how the FIRB approval process works, what the costs are, and how CollinsQuarters can help you structure your Australian property investment correctly from the outset.
What Is the Foreign Investment Review Board and Why Does It Matter for Foreign Property Buyers in Australia
The Foreign Investment Review Board is an advisory body established under the Foreign Acquisitions and Takeovers Act 1975 that assists the Australian Treasurer in reviewing foreign investment proposals, including the acquisition of Australian residential, commercial and agricultural property. The FIRB does not make the final decision on foreign investment applications. The Treasurer retains the legal power to approve, refuse or impose conditions on foreign investment proposals, and this power is exercised on the advice of FIRB after it has assessed whether the proposed investment is consistent with Australia national interest.
For foreign property buyers, the practical effect of the FIRB framework is that most foreign persons must submit a FIRB application and receive a written approval notice before they can legally complete the purchase of Australian property. The application fee must be paid at the time of submission and is not refundable if the application is refused. FIRB approval is typically granted within 30 days for standard residential property applications, but complex applications involving significant commercial property, agricultural land or national security considerations can take considerably longer.
From 1 April 2025 to 31 March 2027, foreign investors are generally prohibited from purchasing established dwellings. This is one of the most significant changes to the Australian foreign property investment framework in recent years and affects the overwhelming majority of foreign residential property buyers who are not Australian permanent residents or citizens. Understanding this temporary prohibition and its exceptions is critical for any foreign person considering Australian residential property in 2026.
The official FIRB guidance and current application forms are available through the Australian Government foreign investment portal at foreigninvestment.gov.au. CollinsQuarters FIRB lawyers work with this framework daily and can guide you through the process efficiently and compliantly. To speak with a FIRB lawyer about your Australian property acquisition, visit our investment and market entry practice or book a consultation with CollinsQuarters today.
Who Is Classified as a Foreign Person Under Australian Law and Needs FIRB Approval to Buy Property
The definition of a foreign person under the Foreign Acquisitions and Takeovers Act 1975 is broader than many buyers assume. It includes not only overseas nationals who have never held an Australian visa but also temporary visa holders currently living in Australia, foreign companies and trusts, and foreign government investors. Understanding whether you meet the legal definition of a foreign person is the essential first step before any Australian property transaction.
Who Is Classified as a Foreign Person for Property Purchase Purposes
A foreign person for Australian property purchase purposes includes any individual who is not an Australian citizen, not an Australian permanent resident holding a permanent visa, and not a New Zealand citizen holding a special category visa subclass 444. It also includes foreign corporations in which a foreign person holds a 20 per cent or greater interest, foreign government investors including sovereign wealth funds and state-owned enterprises, and trusts in which a foreign person holds a substantial interest. The rules governing foreign person status are complex and fact-specific, particularly for corporate and trust structures, and specialist legal advice from a corporate and commercial lawyer experienced in foreign investment is essential before structuring any acquisition involving these entities.
Who Is Exempt from FIRB Approval When Buying Property in Australia
Certain categories of buyers are exempt from FIRB approval requirements and can purchase Australian property, including established dwellings, without restriction. Exemptions apply to Australian citizens including those living overseas, Australian permanent residents holding a permanent visa, New Zealand citizens holding a subclass 444 special category visa purchasing residential property subject to conditions, and joint purchases where both co-purchasers are Australian citizens or permanent residents. If a foreign person is purchasing property jointly with an Australian citizen or permanent resident spouse, the foreign person component of the acquisition may be exempt from FIRB approval in certain circumstances. A CollinsQuarters FIRB lawyer can assess whether an exemption applies to your specific situation and advise on the most appropriate acquisition structure. For guidance on the intersection between immigration status and property purchase eligibility, our migration and global mobility practice works alongside our FIRB team to advise on visa-specific property rules.
Temporary Visa Holders Buying Property in Australia
Foreign nationals currently in Australia on a temporary visa, including a Temporary Skill Shortage 482 visa, a student visa, a partner visa subclass 820 or a bridging visa, are classified as foreign persons and require FIRB approval before purchasing property. Those classified as temporary residents for income tax purposes are permitted to purchase one established dwelling only, and that purchase must be to use as their principal place of residence. When the temporary resident no longer lives in the established dwelling as their principal place of residence, they are required to sell it.
Temporary residents can also purchase new dwellings and vacant land for residential development as investment properties with FIRB approval, subject to the general FIRB conditions applicable to those property types. For overseas workers in Australia on employer-sponsored visas who are planning to purchase property in Melbourne, Sydney, Perth or another Australian city, CollinsQuarters provides coordinated immigration and property legal advice through our employer sponsorship practice and our city-specific property law pages. For employer-sponsored workers in Perth, our Perth property lawyer team works alongside our Perth FIRB lawyer team to coordinate the FIRB and conveyancing process simultaneously. For a comprehensive overview of the 482 visa and employer sponsorship framework for Melbourne-based workers, visit our Melbourne immigration lawyer page and read our immigration solutions lawyers guide.
What Types of Property Can Foreigners Buy in Australia in 2026
The types of property that foreign investors can purchase in Australia in 2026 depend on the buyer visa status, whether the property is a new or established dwelling, whether it is residential or commercial, and whether FIRB approval has been granted. Understanding these categories is critical before any foreign buyer commits to a purchase contract.
New Residential Dwellings and Off-the-Plan Properties
Foreign investors with FIRB approval can purchase new dwellings in Australia, including newly constructed apartments, houses and townhouses that have not previously been sold or occupied as residential premises. New dwellings include off-the-plan properties purchased before construction is complete, provided the property has not previously been occupied or sold as a dwelling after completion. Foreign investors purchasing new dwellings are not subject to the established dwelling prohibition that applies between April 2025 and March 2027. New dwelling purchases with FIRB approval can be used as investment properties for rental income, unlike established dwelling purchases by temporary residents which must be used as a principal place of residence. For comprehensive advice on property acquisition structures for foreign investors, read our advantage property lawyers Australia guide.
Established Residential Dwellings: The 2025 to 2027 Temporary Prohibition
From 1 April 2025 to 31 March 2027, foreign investors are generally prohibited from purchasing established dwellings in Australia. This temporary prohibition is one of the most significant restrictions on foreign residential property investment in Australia and affects the largest category of residential property available for purchase. The prohibition applies to all foreign persons, including those on temporary visas, non-resident foreign nationals and overseas companies, subject to limited exceptions published by the Treasury in the relevant guidance notes.
Limited exceptions to the established dwelling prohibition may apply in specific circumstances including where the purchase is necessary to facilitate a major development project, where specific programmatic exemptions have been granted, or where the transaction qualifies under another specific exemption in the FIRB framework. A CollinsQuarters FIRB lawyer can assess whether any exception applies to your proposed established dwelling purchase and advise on alternative property acquisition strategies if no exception is available. Our investment and market entry practice handles all FIRB exception assessments as part of the pre-purchase advisory process.
Vacant Land for Residential Development
Foreign investors can purchase vacant land for residential development but must adhere to strict conditions. Construction must be completed within four years, and the land cannot be resold before the development is finished. FIRB approval is required before the purchase of vacant residential land by a foreign person, and the approval will include a condition requiring the construction of a dwelling within the specified timeframe. Failure to complete construction within the required period is a breach of the FIRB approval conditions and can result in penalties and forced divestment. A CollinsQuarters FIRB and property and conveyancing lawyer can advise on the acquisition of vacant land for development, including the FIRB approval conditions, development timeline planning and ongoing compliance obligations.
Commercial Property Purchases by Foreign Investors in Australia
Foreign investors can purchase commercial property in Australia including office buildings, retail centres, industrial properties and mixed-use developments, subject to FIRB notification requirements above the relevant monetary thresholds. The monetary thresholds for commercial property acquisitions vary depending on the nationality of the investor and whether Australia has a free trade agreement with the investor country. Investors from countries without a free trade agreement with Australia face the standard $347 million threshold for business and developed commercial land acquisitions. Below this threshold, commercial land acquisitions by non-FTA country investors generally do not require FIRB notification, although other provisions of the Foreign Acquisitions and Takeovers Act may still apply.
For Indian investors, the Australia-India Economic Cooperation and Trade Agreement has modified certain investment screening thresholds. CollinsQuarters advises Indian investors on FIRB compliance for commercial property acquisitions through our investment and market entry practice and our India-Australia cross-border advisory service. For a detailed analysis of the ECTA trade agreement implications, read our guide on the ECTA implications for Indian service providers in Australia. Our FIRB lawyers in Melbourne, Sydney and Perth work in coordination with our India practice to ensure that Indian commercial property investors receive consistent and accurate FIRB compliance advice on both sides of the transaction. For commercial property acquisitions that involve acquiring a business alongside the property, our mergers and acquisitions practice advises on the full transaction structure including FIRB, corporate and commercial due diligence.
Agricultural Land Purchases by Foreign Investors in Australia
Foreign investment in Australian agricultural land is subject to mandatory notification requirements regardless of the value of the land being acquired. All foreign persons purchasing agricultural land in Australia must notify the Foreign Investment Review Board before proceeding, and the purchase is subject to the national interest test. Agricultural land acquisitions by foreign investors are also subject to registration requirements under the Register of Foreign Ownership of Australian Assets. CollinsQuarters advises on agricultural land acquisitions by foreign investors through our investment and market entry practice and our mergers and acquisitions practice.
FIRB Application Process for Foreign Property Buyers in Australia: Step by Step
The FIRB application process for a foreign property buyer in Australia involves a series of steps that must be completed before the purchase is legally completed. Understanding the process and timeline is essential for foreign buyers planning a property transaction in Australia, particularly where property contracts have conditional clauses or settlement deadlines.
Step One: Assess Foreign Person Status and FIRB Requirement
The first step is to confirm whether you are classified as a foreign person under the Foreign Acquisitions and Takeovers Act 1975 and whether your proposed purchase requires FIRB approval or notification. A CollinsQuarters FIRB lawyer can conduct this assessment based on your visa status, nationality, and the proposed ownership structure of the acquisition. This step is essential before signing any property contract, as FIRB approval must generally be obtained before the purchase is legally completed. For buyers who are uncertain about their immigration status or visa classification, our migration and global mobility practice can clarify your status as part of the FIRB eligibility assessment.
Step Two: Identify the Correct Application Type and Fee
FIRB approvals frequently include conditions that the foreign investor must comply with on an ongoing basis. Conditions have become increasingly rigorous, particularly in relation to tax compliance and national security. Before lodging the FIRB application, the correct application category and fee must be identified. FIRB application fees for residential property purchases are based on the purchase price of the property. Fees start at AUD 15,100 for properties valued up to AUD 1 million and increase on a tiered basis for higher-value properties. Additional fees apply for commercial and agricultural land applications. FIRB fees are not refundable if the application is refused.
Step Three: Prepare and Lodge the FIRB Application
The FIRB application is submitted through the Australian Government foreign investment portal. The application requires details of the applicant identity and foreign person status, details of the property being acquired including its address, type and purchase price, the proposed ownership structure and funding sources, and any other information required by the applicable application category. A CollinsQuarters FIRB lawyer prepares a comprehensive and accurate FIRB application that addresses all required information, reducing the risk of a request for further information that can delay the assessment timeline.
Step Four: Await FIRB Approval and Comply with Conditions
FIRB applications for standard residential property purchases are typically assessed within 30 days of lodgement. Complex applications may take longer, and the assessment period may be extended by the Treasurer in cases involving national security or national interest considerations. Once FIRB approval is granted, the approval notice will specify any conditions attached to the approval, the period within which the purchase must be completed, typically 12 months from the date of approval, and any ongoing compliance requirements. A CollinsQuarters FIRB lawyer reviews the approval conditions and advises the client on their ongoing compliance obligations before the transaction is completed.
Step Five: Register on the Foreign Ownership Register
When you buy or sell residential land you must notify the Register of Foreign Ownership of Australian Assets. The Register of Foreign Ownership of Australian Assets is administered by the Australian Taxation Office and requires foreign owners of Australian land to register their ownership interest. Failure to register is a compliance breach that can result in penalties. CollinsQuarters FIRB and property and conveyancing lawyers manage the registration obligation as part of the overall transaction process.
FIRB Fees and State Stamp Duty Surcharges for Foreign Property Buyers in Australia in 2026
Foreign property buyers in Australia face a two-tier cost structure that significantly increases the upfront cost of acquiring Australian property compared to Australian citizens and permanent residents. Understanding and budgeting for these costs before committing to a purchase is essential.
The FIRB application fee for a residential property purchase valued at up to AUD 1 million is AUD 15,100 in 2026. For properties valued between AUD 1 million and AUD 2 million, the fee increases, and higher-value properties attract progressively higher fees. FIRB fees are paid at the time of application lodgement and are not refunded if the application is refused or if the purchase does not proceed.
In addition to the federal FIRB fee, every Australian state and territory imposes a foreign buyer stamp duty surcharge on residential property purchases by foreign persons. These surcharges are applied on top of the standard stamp duty payable by all buyers and represent a significant additional cost for foreign investors. State surcharges vary by jurisdiction and are applied as a percentage of the purchase price. Queensland imposes a foreign buyer surcharge, as do New South Wales, Victoria, Western Australia, South Australia, Tasmania and the Australian Capital Territory. The specific rate applicable to your purchase depends on the state or territory in which the property is located and your classification as a foreign person under that state's legislation.
Many states also impose an absentee owner surcharge as part of the annual land tax assessment for foreign owners of Australian property who are not ordinarily resident in Australia. This is an ongoing annual cost that foreign investors must factor into the overall return on investment calculation for an Australian property. CollinsQuarters FIRB and property lawyers provide a comprehensive cost analysis covering FIRB fees, stamp duty, foreign buyer surcharges and land tax obligations as part of the pre-purchase advisory process. For property purchases in specific Australian cities, contact our city-specific property and FIRB lawyer teams at the best FIRB lawyer in Melbourne, the best FIRB lawyer in Sydney, the best FIRB lawyers in Perth, the best FIRB lawyer in Brisbane or the best FIRB lawyer on the Gold Coast.
Can Indian Nationals Buy Property in Australia in 2026: FIRB Advice for Indian Investors
Indian nationals represent one of the largest and most active groups of foreign property investors in Australia, with significant demand for residential property in Melbourne, Sydney, Brisbane, Perth and the Gold Coast, as well as commercial property acquisitions associated with Indian business migration and market entry activity.
Indian nationals who are not Australian permanent residents or citizens are classified as foreign persons under the Foreign Acquisitions and Takeovers Act 1975 and must obtain FIRB approval before purchasing any Australian property. Indian investors are subject to the standard FIRB notification and approval requirements, including the current prohibition on purchasing established dwellings between April 2025 and March 2027. Indian investors can purchase new dwellings, off-the-plan properties, vacant land for development with a construction completion obligation, and commercial property above the relevant screening threshold.
For Indian business investors undertaking business migration to Australia, the acquisition of commercial property or a business premises in Australia is a common step that must be coordinated with the FIRB approval process and the business migration visa application. CollinsQuarters provides integrated immigration and FIRB legal advice for Indian business migrants through our India practice and our Australian FIRB and immigration teams. Our offices in Mumbai, Delhi, Bangalore, Chennai, Hyderabad and Pune coordinate directly with our Australian practice to ensure that Indian clients receive consistent and accurate FIRB and immigration advice on both sides of their transaction through our India-Australia cross-border advisory service. For Indian technology companies and intellectual property businesses acquiring Australian property as part of their market entry, our Bangalore tech and IP lawyer service and Hyderabad tech and IP lawyer service coordinate FIRB, corporate and immigration advice for the full entry transaction.
Indian investors should also be aware that the acquisition of Australian property may have implications for their Indian tax obligations, their existing wills and estate plans and their business structures in India. A CollinsQuarters immigration lawyer for Indian clients can advise on the full cross-border legal and tax context of an Australian property acquisition through our Bangalore cross-border advisory service and our Delhi cross-border advisory service. For Indian investors considering how the Australia-India trade agreement affects their property and business investment options, read our guide on the ECTA implications for Indian service providers in Australia.
Property Conveyancing for Foreign Buyers in Australia: City-by-City Legal Support from CollinsQuarters
Beyond FIRB approval, foreign property buyers in Australia require comprehensive conveyancing legal support to complete the acquisition safely and in compliance with all applicable state and territory property laws. Conveyancing for foreign buyers involves additional complexity compared to standard domestic conveyancing, including the coordination of FIRB approval timelines with contract conditions, the application of foreign buyer stamp duty surcharges, and the registration of foreign ownership on the Register of Foreign Ownership of Australian Assets.
CollinsQuarters provides property and conveyancing services for foreign buyers across all major Australian cities through our city-specific property lawyer teams. Whether you are purchasing a new apartment in Melbourne, a commercial property in Sydney, a development site in Brisbane or a mining services business premises in Perth, our property lawyers work in coordination with our FIRB lawyers to ensure that every aspect of the acquisition is legally compliant and efficiently managed. For property acquisitions connected with employer sponsorship arrangements where the foreign buyer is an employer-sponsored worker, our immigration and property teams coordinate the FIRB timeline with the visa timeline to prevent conflicts.
You can access property law and FIRB legal advice for foreign buyers in your Australian city through the following CollinsQuarters pages:
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Wills, Estates and Foreign Property Ownership in Australia: What Every Foreign Buyer Must Consider
Acquiring property in Australia as a foreign investor creates immediate estate planning implications that are frequently overlooked until a problem arises. If you die while owning Australian property without a valid Australian will that addresses the distribution of your Australian assets, your estate will be administered under the intestacy laws of the Australian state or territory in which the property is located, which may produce a very different outcome from what you intended and may not align with the distribution of your assets in your home country.
For Indian and other international investors purchasing property in Australia, a cross-border wills and estate plan that addresses your Australian and overseas assets together is essential. An Australian will that deals specifically with your Australian property assets, coordinated with an updated will in your home country that expressly excludes your Australian assets from its scope, is the most effective structure for ensuring that your estate is administered efficiently and in accordance with your intentions in both jurisdictions.
CollinsQuarters provides cross-border wills and estates planning services for foreign property buyers through our wills and estates practice and our city-specific wills and estates lawyer teams including the best wills and estates lawyer in Melbourne, the best wills and estates lawyer in Sydney, the best wills and estates lawyers in Perth and the best wills and estates lawyer in Brisbane. These services are available as part of an integrated engagement alongside your FIRB and property conveyancing matter. For foreign buyers whose property acquisition is connected with family law matters such as property settlement following a relationship breakdown, our Melbourne family lawyer and Sydney family lawyer teams coordinate with the property and FIRB teams to ensure all legal dimensions are addressed.
Buying Property in Australia as Part of a Business Migration: Integrated FIRB and Immigration Advice
For foreign investors who are pursuing business migration to Australia alongside a commercial or residential property acquisition, the interaction between the immigration framework and the foreign investment framework is a critical legal planning consideration. The timing, structure and funding of the property acquisition must be coordinated with the visa application to ensure that neither process is compromised by the other.
Common business migration and property acquisition combinations that CollinsQuarters manages include Indian business owners applying for a subclass 188 Business Innovation and Investment visa who also need to acquire commercial premises in Melbourne or Sydney for their Australian business operations, overseas investors applying for the subclass 132 Business Talent visa who need to demonstrate a qualifying investment in an Australian business that includes real property, and employer-sponsored workers on a 482 Skills in Demand visa who wish to purchase a family home in Perth or Brisbane while their permanent residency application is being prepared.
CollinsQuarters provides integrated immigration, FIRB and property legal advice for clients in all of these situations through our investment and market entry practice, our migration and global mobility practice, our employer sponsorship practice and our property and conveyancing practice. Our city-specific immigration lawyer teams at the best immigration lawyer in Melbourne, the best immigration lawyer in Sydney, the best immigration lawyer in Brisbane, the best immigration lawyers in Perth and the best immigration lawyer in Adelaide work in coordination with our FIRB and property teams to deliver an integrated legal service that no single-practice firm can match. For a complete overview of immigration legal services across all Australian cities, read our immigration lawyer Australia complete 2026 guide and our dedicated immigration lawyer Australia Melbourne guide.
For further reading on foreign investment in Australian property, the Australian Taxation Office publishes guidance on the Register of Foreign Ownership of Australian Assets and foreign person status at ato.gov.au. The Treasury Department maintains the national interest test and investment policy guidance at treasury.gov.au.
Connected Legal Services for Foreign Property Buyers: Dispute Resolution, Corporate Commercial and Family Law
Foreign property buyers in Australia frequently encounter legal issues that extend beyond the FIRB approval and conveyancing process. Property disputes, vendor non-disclosure, defective title issues, contract breaches and settlement failures can all arise in foreign property transactions, and foreign buyers may also face corporate structuring questions, family law implications and professional negligence issues connected with their property purchase.
CollinsQuarters provides a comprehensive range of connected legal services for foreign property buyers through our integrated practice areas. Our dispute resolution practice handles property disputes, vendor litigation and settlement enforcement matters across all Australian jurisdictions. For disputes arising in specific cities, our Melbourne dispute resolution lawyer, Sydney dispute resolution lawyer, Perth dispute resolution lawyer and Brisbane dispute resolution lawyer teams provide city-specific dispute resolution representation.
Our corporate and commercial practice advises foreign investors on the corporate structuring of property acquisitions, including the use of company and trust structures, shareholder agreements, joint venture arrangements and ongoing corporate governance obligations. For Melbourne-based corporate structuring, visit our Melbourne corporate lawyer page. For Sydney-based transactions, visit our Sydney corporate lawyer page.
For foreign buyers who experience professional negligence by a previous property solicitor, conveyancer, migration agent or financial adviser in connection with their Australian property transaction, our team can advise on negligence claims. Read our guide on advantage property lawyers in Australia for further details on property-connected legal services. For workplace injury issues arising at a property you own or manage, read our guide on workers compensation lawyers in Australia.
Frequently Asked Questions: Can Foreigners Buy Property in Australia
Can foreigners buy property in Australia in 2026
Yes, foreigners can buy property in Australia in 2026, but strict FIRB rules apply and most foreign investors are currently prohibited from purchasing established dwellings between April 2025 and March 2027. Foreign investors with FIRB approval can generally purchase new dwellings, off-the-plan apartments, vacant land for development and commercial property above the relevant screening threshold. Permanent residents and Australian citizens overseas are generally exempt from FIRB approval requirements and can purchase established dwellings. A CollinsQuarters FIRB lawyer in our investment and market entry practice can assess your specific status and advise on the most appropriate property acquisition structure. Book a consultation to get started.
What is FIRB approval and does a foreigner always need it to buy property in Australia
FIRB stands for the Foreign Investment Review Board, which assesses foreign investment proposals including property purchases. Most foreign persons must obtain FIRB approval before purchasing any Australian property, regardless of purchase price. Failure to obtain required FIRB approval can result in civil penalties exceeding AUD 825 million and forced divestment. Exemptions apply for Australian permanent residents, citizens overseas, New Zealand citizens and joint purchases with an Australian citizen spouse. The best FIRB lawyer in Melbourne, the best FIRB lawyer in Sydney and all CollinsQuarters city FIRB lawyers can assess whether you need approval and manage the FIRB application process from start to finish.
Can Indian nationals buy property in Australia as foreign investors
Yes, Indian nationals can buy property in Australia subject to FIRB approval and the current restrictions on established dwellings. Indian nationals who are not Australian permanent residents are classified as foreign persons and must obtain FIRB approval before purchasing. CollinsQuarters FIRB lawyers advise Indian investors through our India practice in Mumbai, Delhi, Bangalore and other Indian cities, coordinated with our Australian FIRB and property teams. Our India-Australia cross-border advisory service provides end-to-end legal support for Indian property investors in Australia. For trade agreement considerations, read our ECTA update for Indian service providers.
What types of property can foreigners buy in Australia in 2026
In 2026, foreign investors with FIRB approval can generally purchase new dwellings, off-the-plan properties, vacant land for development with a four-year construction completion obligation, and commercial properties subject to the relevant monetary thresholds. Established dwellings are generally prohibited for foreign investors between April 2025 and March 2027, with limited exceptions. Temporary residents may purchase one established dwelling to use as a principal place of residence with FIRB approval. Our investment and market entry practice and city-specific teams including the best FIRB lawyers in Perth and the best FIRB lawyer on the Gold Coast can advise on the full range of property options available for your specific status.
What are the FIRB application fees for foreigners buying property in Australia in 2026
FIRB application fees start at AUD 15,100 for residential properties valued up to AUD 1 million and increase progressively for higher-value properties. In addition to the federal FIRB fee, each Australian state and territory imposes a foreign buyer stamp duty surcharge that varies by jurisdiction. Many states also impose annual land tax surcharges on foreign-owned property. CollinsQuarters FIRB and property and conveyancing lawyers provide a comprehensive cost analysis covering all fees and surcharges before you commit to a purchase. Contact our consultation team for a personalised cost assessment for your proposed property acquisition.
Can a foreigner on a temporary visa buy property in Australia
Yes. Foreigners on temporary visas in Australia including 482 Skills in Demand visa holders, student visa holders and partner visa holders can purchase property with FIRB approval. Temporary residents classified as temporary residents for income tax purposes can purchase one established dwelling as a principal place of residence and must sell it when they no longer live there. Temporary residents can also purchase new dwellings and vacant land for development as investment properties. Our immigration and FIRB lawyers at the best immigration lawyer in Melbourne, the best immigration lawyer in Sydney and all CollinsQuarters city practices can advise on the property options available to you based on your specific visa status. For a full guide to the intersection of immigration and property law, visit our migration and global mobility practice page and our employer sponsorship practice page.
Speak With a CollinsQuarters FIRB and Property Lawyer About Foreign Property Purchases in Australia Today
Whether you are a foreign national considering your first Australian property investment, an Indian business owner coordinating a commercial property acquisition with a business migration application, a temporary visa holder in Australia wanting to purchase a family home, or an overseas investor seeking to understand the FIRB rules, established dwelling prohibition and state surcharge obligations that apply to your proposed purchase, CollinsQuarters provides the expert FIRB and property legal advice you need to invest in Australian property with confidence and full legal compliance.
CollinsQuarters provides foreign property investment legal services across all of Australia including the best FIRB lawyer in Melbourne, the best FIRB lawyer in Sydney, the best FIRB lawyers in Perth, the best FIRB lawyer in Brisbane, the best FIRB lawyer in Adelaide, the best FIRB lawyer on the Gold Coast, the best FIRB lawyer in Canberra, the best FIRB lawyer in Hobart and the best FIRB lawyer in Darwin.
Our India-Australia cross-border capability, delivered through six India offices and our full Australian legal practice, means that Indian and other international property investors have a single integrated legal team managing every aspect of their Australian property transaction. To explore our full range of property, FIRB and connected legal services, visit our expertise overview page, our investment and market entry practice page, our property and conveyancing practice page, our migration and global mobility practice page, our employer sponsorship practice page, our corporate and commercial practice page, our blog and our legal insights page. You can also read our detailed blog on advantage property lawyers in Australia, our immigration attorney vs immigration lawyer in Australia guide, our immigration lawyer attorney client privilege guide and our immigration lawyer free consultation guide.
For sector-specific FIRB and property investment advice, CollinsQuarters advises foreign investors across the technology, healthcare, hospitality, financial services, infrastructure and education sectors. Visit our Australia practice page, our India practice page and our Malaysia practice page for details on our cross-border legal capability. You can also review our office locations across Australia and India and join our legal community groups for ongoing updates on FIRB, property and immigration law developments.
To speak with a CollinsQuarters FIRB and property lawyer about your foreign property purchase in Australia, book a consultation through our website or contact us directly through our contact page. Our team will assess your eligibility, explain the FIRB requirements that apply to your situation and outline the most legally efficient and compliant structure for your Australian property investment.
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