Who must comply with FIRB residential real estate — temporary residents?

Temporary residents need foreign investment approval before buying residential land; established dwellings are generally banned from 1 April 2025 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. Government policy channels foreign investment into new dwellings: from 1 April 2025 to 30 June 2029 foreign persons are generally prohibited from buying established dwellings, with limited exceptions such as redevelopment, commercial-scale housing supply and certain Australian-based employees. Approvals for vacant land are generally conditional on completing construction within 4 years. Every purchase and sale must also be notified to the Register of Foreign Ownership of Australian Assets, and a vacancy fee may apply.

Applies only if you act for temporary residents or foreign persons buying residential property. Whether it applies turns on a fact that no industry, structure or size settles on its own.

How the regulator frames it: Foreign persons acquiring residential land in Australia, including temporary visa holders, who until 30 June 2029 can generally buy only new dwellings or vacant land (an established dwelling only where a ban exception applies). Australian citizens living abroad, New Zealand citizens holding or eligible for a special category visa, permanent residents, and spouses buying as joint tenants with an Australian citizen, permanent resident or eligible New Zealand citizen spouse do not need an application. Developers can notify on behalf of foreign buyers of new dwellings.

What triggers it: 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.

Jurisdiction: Commonwealth law, so the test is the same in every state and territory.

Outcome across the 35 industries Rules Mate maps (1 of 35: only if a further fact applies; 34 of 35: no).

Structure does not change the answer in real estate agents: for every structure the answer is "only if a further fact applies".

Size does not change the answer in real estate agents: at every size band the answer is "only if a further fact applies".

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

• Pty Ltd company in accountants & bookkeepers with 6–19 employees, turnover $1M–$3M: does not apply. Requires a trigger outside this questionnaire.
• Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: check whether it applies. applies only if you act for temporary residents or foreign persons buying residential property.

The engine shows this obligation as "check whether this applies" when a business has industry: Real estate agents. It then applies only if you act for temporary residents or foreign persons buying residential property. That fact is not something Rules Mate can infer from industry, structure or size.

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.

Frequency

When a triggering event occurs

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.

Status

Current

Priority

Medium

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.

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

• Notify FIRB before foreign investment in Australian assets: Foreign persons must notify the Foreign Investment Review Board before acquiring interests above prescribed thresholds.

Rules Mate tracks 2 published obligations tagged "foreign investment", 0 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 0 of those apply outright. This obligation is rated medium priority, and is triggered by events.

Regulated by Australian Taxation Office and Foreign Investment Review Board.

ATO: Federal tax administrator covering income tax, GST, PAYG, FBT, superannuation guarantee, STP, and self-managed super funds. Also administers the Director ID regime via ABRS.

FIRB: Advises Treasurer on foreign investment proposals under the Foreign Acquisitions and Takeovers Act 1975.

• Australian Taxation Office
• Foreign Investment Review Board

FATA: Federal foreign investment regulation.

• Foreign Acquisitions and Takeovers Act 1975

Free tools that help with this obligation:

• Compliance calendar builder