Buying property without Australian PR or Citizenship

Who can buy, what you can buy, and approvals you’ll need as a "foreigner"

20/08/25

Buying property without Australian PR or Citizenship

Who counts as a “foreign person”?

For residential property rules, you’re a foreign person if you are not an Australian citizen, not a permanent resident, and not a New Zealand citizen with a special category visa. Some corporations and trusts also count as foreign persons based on ownership thresholds. If you’re unsure, the ATO points to the legal definition in the Foreign Acquisitions and Takeovers Act 1975 and Guidance Note 2. Australian Taxation Office

Temporary residents vs PR/citizens

  • Citizens & permanent residents (ordinarily resident) are not foreign persons.
  • Temporary residents are foreign persons under the legislation (including certain bridging visa holders). Australian Taxation Office

What can a foreign person buy right now?

From 1 April 2025 to 31 March 2027, foreign persons are banned from purchasing established dwellings (limited exceptions). Temporary residents are covered by this ban for established dwellings used as a principal place of residence. Foreign persons can still seek approval to buy new or near-new dwellings, off-the-plan properties, vacant residential land (with build conditions), or (in specific circumstances) established dwellings for redevelopment, and certain employer-provided housing (e.g., for PALM scheme workers). Australian Taxation Office

Do I need approval before I buy?

Yes—if you’re a foreign person buying residential property, you must apply for approval before you acquire the property, and pay the application fee. The ATO administers applications via its Online services for foreign investors. Australian Taxation Office

The step-by-step

The ATO outlines a simple sequence: confirm if you’re a foreign person, check the types of property you’re allowed to buy, apply for approval (and pay the fee), then complete the purchase in line with any imposed conditions. Significant penalties can apply for breaches. Australian Taxation Office

After you settle

Most foreign owners must lodge an annual vacancy fee return and may be liable for a vacancy fee if the property isn’t occupied as required. Australian Taxation Office

Official reading list:
– “Are you a foreign person buying property in Australia?”; “Types of property a foreign person can buy”; “Steps to buying Australian residential property.” All on the ATO site. Australian Taxation Office+2Australian Taxation Office+2