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MarkMyProperty

Australia property guide

Can Foreign Buyers Purchase Property in Australia? Residential Approval Checks

Check Australian foreign-buyer status, established-home restrictions, new-dwelling approval and ongoing obligations before shortlisting residential property.

By MarkMyProperty · Updated

Coverage: Australia; federal foreign-investment rules plus separate state or territory taxes and purchase requirements. Guidance checked on 13 October 2026.

Determine the buyer’s status before the property search

The foreign-investment rules depend on the legal buyer and proposed interest, not simply the currency used to pay or where a listing is advertised. Ask an adviser to determine whether the buyer is a foreign person under the applicable framework, including any relevant company, trust or joint-purchase facts.

Australia’s foreign-investment guidance generally requires approval before a foreign person acquires residential land, subject to applicable exemptions and arrangements. Do not assume a temporary visa, local bank account or an Australian co-buyer automatically establishes eligibility. Ask for a clear explanation of the rule applying to your structure.

Check the current established-dwelling restriction

The government’s current residential-land guidance states that foreign investors are generally prohibited from purchasing established dwellings from 1 April 2025 to 30 June 2029, with limited exceptions. The Prime Minister’s May 2026 announcement confirms the extension to mid-2029. Older summaries with an earlier end date should not guide a new purchase.

An exception needs to be assessed against the actual facts and current guidance. Do not interpret the existence of an exception category as permission to buy any existing home. Obtain advice before entering a binding commitment or paying an application fee for a strategy that has not been checked.

  • Establish the legal buyer and foreign-person status.
  • Classify the proposed property accurately.
  • Confirm approval, exemption or exception requirements.
  • Check the latest guidance before making a commitment.

Assess new dwellings and vacant land separately

Government policy channels residential investment toward additional housing stock. New or near-new dwellings and vacant land for residential development have different approval pathways and conditions from established homes. Ask how the official definition applies to the actual property; a recently renovated or newly advertised home should not be labelled new without evidence.

For land, discuss development deadlines and conditions before considering the acquisition affordable. For a developer’s claimed exemption certificate arrangement, confirm that it actually covers the dwelling and buyer’s acquisition. Keep federal permission separate from state taxes, planning permission and the ability to obtain a mortgage.

A property-category worksheet

These questions organise an eligibility review; they do not grant approval.

Match the approval pathway to the proposal
OfferQuestion for the adviser
Existing homeDoes the restriction apply and is an actual exception available?
New or near-new dwellingDoes it meet the definition and which approval route applies?
Vacant residential landWhat development and holding conditions would apply?
Developer certificate claimDoes the certificate cover this specific acquisition?

Budget for the purchase and ongoing obligations

Ask about current application fees, state or territory transfer duties, foreign-purchaser additions where relevant and ongoing reporting or vacancy obligations. Government guidance identifies foreign-ownership register and vacancy-related requirements; have their application assessed rather than treating approval as the end of every obligation.

Browse Australia sale listings only within the categories your adviser has confirmed you can consider. Keep the property description, approval assumptions and outstanding conditions with each shortlisted offer. MarkMyProperty does not determine foreign-person status, submit approvals or guarantee that a listed property is eligible for a particular buyer.

Sources and further reading

Frequently asked questions

Can every foreign buyer buy an established Australian home?

No. Current guidance generally prohibits established-dwelling purchases by foreign investors during the stated period, subject to limited exceptions.

Does a renovated home automatically count as a new dwelling?

No. Have the actual property assessed against the official definition and applicable approval pathway.

Does federal approval settle state taxes and financing?

No. State or territory charges, planning, financing and ongoing obligations need separate checks.

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