Does FIRB residential real estate — temporary residents apply to real estate agents?

FIRB residential real estate — temporary residents (established-dwelling ban to 30 June 2029). Under the Foreign Acquisitions and Takeovers Act 1975, a foreign person, including a temporary resident, must generally submit a foreign investment proposal and obtain approval before acquiring an interest in Australian residential land, whatever its value. Residential applications are lodged and paid through the ATO's Online services for foreign investors, and the ATO handles residential compliance and enforcement.

Trigger: Proposing to buy a new dwelling, vacant residential land or (where an exception applies) an established dwelling while a foreign person; selling residential land; or a dwelling owned under approval being left vacant.

Rules Mate runs its applicability engine across 9 business structures and 6 size bands for each of the 35 industries it maps. For 34 of those industries the answer for "FIRB residential real estate — temporary residents" is no. Real estate agents is one of the 1 where the answer is different: only if.

The deciding fact for real estate agents: Industry: Real estate agents; applies only if you act for temporary residents or foreign persons buying residential property.

About the industry: Selling agents, buyer's agents, and property developers involved in real estate transactions. From 1 July 2026 captured by AML/CTF Tranche 2 reforms.

Compare a professional services (general) business with 6–19 employees structured as a Pty Ltd company: the obligation does not apply (Requires a trigger outside this questionnaire).

Each cell is the engine's outcome for a business in real estate agents with that structure and size, assuming it sells to consumers and small businesses and holds customer contact details. "Check" means the obligation turns on a fact the industry does not settle.

When due

Before entering the purchase: approval must be obtained first. Purchases and sales are notified to the Register of Foreign Ownership of Australian Assets; construction on vacant land is generally due within 4 years, and the land cannot be sold until it is complete; approval conditions, reporting and any vacancy fee obligations continue after purchase.

Evidence to keep

Residential property application and the approval with its conditions; evidence of the exemption relied on if no application was made; Register of Foreign Ownership notifications for purchase and sale; construction completion evidence for vacant land; vacancy fee returns; any self-disclosure of a breach.

Maximum penalty

Significant penalties, including infringement notices and civil and criminal penalties, apply to breaches of the foreign investment law for residential land (see the Treasury's Guidance Note 14); a disposal order may be made. Lower penalties may apply where a breach is self-reported, and retrospective approval can be sought. Penalty amounts were not restated here.

Regulator

ATO and FIRB

Jurisdiction

Commonwealth (national)

• Comply with Australian sanctions law + screening (DFAT): Yes
• Customer due diligence (KYC) on every customer: Yes
• Designate an AML/CTF Compliance Officer: Yes
• Detect + enhance due diligence on Domestic + Foreign PEPs: Yes
• Enrol with AUSTRAC as a reporting entity: Yes
• Hold a current real estate agent licence (state-specific): Yes
• All 26 answers for real estate agents