29/06/2026
Buying property or a business in Australia as a foreign buyer? Address FIRB approval before you sign, not after.
Whether Foreign Investment Review Board approval is required will depend on the buyer, the asset, and how the transaction is structured. Getting it wrong can stall a transaction, delay settlement, or place the transaction at risk.
The key points:
Residential — From 1 April 2025 to 31 March 2027, foreign persons are generally restricted from buying established dwellings, with only limited exceptions. New dwellings, qualifying near-new dwellings, and vacant residential land may still be available, although approval and conditions will usually apply.
Commercial — Approval can also be triggered by acquisitions of Australian land, business interests, agricultural land, or interests in entities holding land or land-related assets.
The practical takeaway: deal with FIRB up front. Where approval is needed, the contract should properly address timing, conditions precedent, application obligations, and the consequences of delay, refusal or conditional approval.
We unpack both sides in our articles below:
Residential FIRB approvals:
https://www.abkj.com.au/articles/buying-a-home-in-australia-as-a-foreign-person/
Commercial FIRB approvals:
https://www.abkj.com.au/articles/firb-approval-in-for-commercial-transactions-in-australia/
Learn the FIRB rules for foreign buyers in Australia, including approval requirements, established dwelling restrictions, fees, and vacancy rules.