Can We Buy a House and Live in Australia?

Australia’s property market is open to foreign buyers — but with rules that vary significantly depending on your residency and visa status. The Foreign Investment Review Board (FIRB), administered by the Australian Taxation Office, regulates which properties non-residents can buy, what fees apply, and what conditions attach to any approval. Getting these basics right before you start house hunting saves enormous time, money, and legal exposure. Here are the answers to the most-searched questions.

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  Can I buy a house in Australia as a non-resident? Yes — but you are restricted to new builds and vacant land until at least March 2027; a ban on established homes is currently in effect for foreign non-residents

  Foreign nationals who are not Australian citizens or permanent residents can buy property in Australia, but the rules are much more restrictive than for residents. The Australian Government introduced a temporary ban on foreign non-residents purchasing established (existing) residential dwellings, which runs from April 2025 to March 2027. During this period, foreign non-residents can still buy: newly built residential properties that have never been occupied (new dwellings, off-the-plan apartments), and vacant residential land for the purpose of building a new home within four years. FIRB approval from the Australian Taxation Office is required before signing any property contract. Purchasing without approval can result in forced sale of the property, significant fines, or criminal charges. The ban does not apply to temporary residents who are physically living in Australia on a valid visa — they have a separate, slightly more permissive set of rules.
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  Can I live in Australia if I buy a house there? No — buying property does not grant any right to live in Australia; you must have a valid visa or residency status independently of property ownership

  This is one of the most important points for anyone researching Australian property from overseas. Buying a house in Australia does not give you the right to move there, stay long-term, or apply for residency on that basis. Property ownership and the right to reside in Australia are entirely separate legal matters. To live in Australia, you need an appropriate visa or permanent residency — these are granted by the Department of Home Affairs based on immigration criteria (skilled migration, family sponsorship, business investment, and others) that are completely independent of property ownership. Conversely, once you have valid residency or the right visa, you can then buy property freely (as a permanent resident) or with FIRB conditions (on a temporary visa). The starting question is always: do I have or can I get the right to live in Australia? Property comes second.
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  What is FIRB and do I need approval? FIRB is the Foreign Investment Review Board — approval is mandatory for most non-citizens buying Australian property; it is lodged through the ATO website before signing a contract

  The Foreign Investment Review Board (FIRB) is the Australian government body that reviews and approves foreign investment proposals, including property purchases. In practice, FIRB applications for residential property are processed by the Australian Taxation Office (ATO) through its online portal. You must apply before signing a binding property contract — not after. The ATO typically responds within 30 days with either a “no-objection notification” (approval), conditions attached to approval, or a rejection. Approval is property-specific: each purchase requires its own application. FIRB approval is not required by: Australian citizens (regardless of where they live), Australian permanent residents, New Zealand citizens holding a Subclass 444 special category visa. Everyone else — temporary visa holders, foreign nationals without residency — generally needs approval. Purchasing an Australian property without the required FIRB approval is a serious legal breach that can result in forced divestiture (being ordered to sell the property), financial penalties, and in egregious cases criminal prosecution.
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  How much does FIRB approval cost? FIRB application fees start at AUD $15,100 for properties up to $1 million and scale significantly higher for more expensive purchases; fees are non-refundable

  FIRB application fees are charged by the ATO based on the value of the property being purchased. For residential properties under AUD $1 million, the fee is approximately AUD $15,100. For properties between AUD $1 million and $2 million, fees scale upward. For luxury residential property purchases above AUD $2 million, fees can reach into the tens of thousands of dollars and beyond. All application fees are non-refundable — if your application is rejected, or if you ultimately decide not to proceed with the purchase, the fee is not returned. In addition to the FIRB application fee, an annual vacancy fee applies if the purchased property remains unoccupied or unavailable for rent for more than 183 days (approximately six months) in any 12-month period. The vacancy fee equals the original FIRB application fee, making it an ongoing annual cost for vacant investment properties. Check the current fee schedule at the ATO’s FIRB residential fees page (ato.gov.au) before applying, as fees are updated annually.
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  What is the foreign buyer stamp duty surcharge in Australia? An additional stamp duty surcharge of 4%–8% of property value applies on top of standard stamp duty — on a AUD $1 million property in NSW, the surcharge alone can exceed AUD $80,000

  Most Australian states and territories impose a foreign buyer stamp duty surcharge on top of the standard stamp duty that applies to all property purchases. The surcharge is a significant additional upfront cost. As a general guide: New South Wales charges 8% (the highest); Victoria charges 8%; Queensland charges 8%; South Australia charges 7%; Western Australia charges 7%. South Australia is among the more competitive at 4–7% depending on circumstances, though rates change with state government policy — always verify with your conveyancer. To put the numbers in context: on an AUD $1 million property in New South Wales, standard stamp duty is approximately AUD $45,500. The foreign buyer surcharge adds another AUD $80,000. Your total upfront stamp duty obligation becomes roughly AUD $125,500, compared to AUD $45,500 for an Australian citizen buying the same property — a difference that fundamentally changes financial planning. Permanent residents are generally exempt from the foreign buyer surcharge, but this varies by state — confirm with your conveyancer for the specific state where you are buying.
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  Can I get a mortgage in Australia as a foreign buyer? Yes — but lenders typically require 20%–30% or more deposit, and non-residents face tighter lending criteria; specialist mortgage brokers who work with non-resident buyers are essential

  Australian banks and lenders do offer mortgages to foreign buyers and non-residents, but the lending conditions are considerably stricter than for citizens or permanent residents. Most non-resident borrowers will need a deposit of at least 20% of the property value, and many lenders set the minimum at 30–40% for foreign nationals without permanent residency. Loan-to-value ratios (LVRs) are typically capped at 70–80% for temporary residents. Lenders will assess income from your home country — income in major currencies (USD, GBP, EUR) is viewed more favorably than income in less-traded currencies. You will need to provide evidence of employment or income through payslips, tax returns, and employment contracts. Credit history built in Australia carries more weight than overseas credit history with many lenders, though specialist non-resident lenders do consider offshore credit records. Working with a mortgage broker who specifically handles non-resident and foreign buyer lending — rather than a standard broker — dramatically improves your access to appropriate lenders and reduces the risk of applying to banks that simply won’t lend to your situation.
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  Can a UK citizen buy property in Australia? Yes — UK citizens follow the same rules as all other foreign nationals; FIRB approval required for non-residents; if on a temporary visa in Australia, can buy one established dwelling to live in; if permanent resident, no restrictions

  British citizens do not receive any special preferential treatment in Australian property law compared to other nationalities — the rules that apply to all foreign nationals apply equally to UK citizens. A UK citizen living in the UK and wishing to buy Australian property as an overseas investment is currently subject to the ban on established dwellings (until March 2027) and must obtain FIRB approval for new builds or vacant land. A UK citizen who has moved to Australia on a temporary visa (such as a 482 Temporary Skill Shortage visa, a Working Holiday Maker visa, or a partner/spouse visa) can typically buy one established dwelling to live in as their residence, with FIRB approval, subject to the condition that they must sell when they leave Australia. A UK citizen who has obtained Australian permanent residency can buy any property type without FIRB approval and without the foreign buyer stamp duty surcharge in most states — the same as an Australian citizen. The pathway that matters most for long-term residence is obtaining permanent residency, not property ownership itself.
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  What happens to a property if a temporary resident leaves Australia? They must generally sell the established dwelling within three months of leaving; failure to do so is a compliance breach that can result in forced sale ordered by the Treasurer

  FIRB approval for temporary residents to purchase an established dwelling (an existing home) to live in as their primary residence comes with a critical condition: when the temporary resident ceases to reside in the property — whether because they leave Australia, their visa expires, or they no longer use it as their primary home — they must sell the property. The standard period given is three months from the date they cease to use it as their residence, though specific conditions on individual approvals may vary. This rule is strictly enforced. The ATO monitors compliance, and the Australian Treasurer has a 10-year “call-in” power to review and challenge foreign property purchases that later raise concerns. Failure to sell on departure can result in the government ordering a forced sale of the property. This condition applies specifically to established dwellings bought by temporary residents. New dwellings and vacant land purchased for development do not carry the same mandatory resale condition, though other conditions may attach to those approvals.

The upfront costs for a foreign buyer purchasing a AUD $1 million property in New South Wales, compared to what an Australian citizen pays for the same property. Numbers are indicative — always confirm with a conveyancer and mortgage broker.

If you are a foreign national or temporary resident planning to purchase Australian residential property, this is the sequence to follow. The most critical rule: FIRB approval must be obtained before you sign any binding contract.

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  Confirm your legal status — citizen, PR, temporary resident, or foreign national This single question determines every rule that follows. If you are an Australian citizen (even living overseas) or permanent resident, you can skip FIRB entirely. If you are on a temporary visa or are a foreign national living outside Australia, FIRB approval is required. Consult an Australian immigration lawyer or property solicitor if you are uncertain which category you fall into — the consequences of misclassifying yourself are severe.
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  Confirm what you can buy based on your status Foreign non-residents (no Australian visa or residency): new dwellings and vacant land only; established homes banned until March 2027. Temporary residents with a valid Australian visa: can buy one established dwelling to live in (with FIRB approval), plus new dwellings as investments. The established dwelling must be sold when you leave. Permanent residents and citizens: any property type, no restrictions.
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  Engage a specialist mortgage broker early — before you start house hunting Non-resident lending is a specialist area. Many mainstream Australian lenders do not offer mortgages to foreign nationals or temporary residents. A broker who specialises in non-resident lending will know which lenders accept overseas income, what deposit you realistically need, and how to structure your application for approval. Getting pre-approval before you shop tells you your real budget — including all FIRB fees, stamp duty, and surcharges — rather than finding a property and then discovering financing isn’t available.
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  Lodge your FIRB application through the ATO before signing anything Submit your application via the ATO’s online services portal for foreign investors (ato.gov.au). You will need property details, buyer identification, your visa details, and your intended use of the property. Pay the non-refundable application fee. The ATO typically responds within 30 days with a no-objection notification (approval), conditional approval, or rejection. Approval is property-specific — if you switch to a different property, you need a new application.
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  Engage an Australian conveyancer or property solicitor for the contract Once FIRB approval is in hand, your Australian property solicitor or conveyancer handles the contract of sale, title searches, and settlement. Your FIRB no-objection notification must be referenced in the contract. The solicitor will also confirm stamp duty obligations, registration requirements, and the specific conditions attached to your FIRB approval. Do not attempt to manage a property purchase in Australia without local legal representation — the risks are too significant.
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  Register on the Foreign Ownership Register after purchase The Australian government requires foreign buyers to register their Australian property on the Register of Foreign Ownership of Australian Assets, administered by the ATO. You must also register when you sell the property. Separately, lodge your annual vacancy fee return if the property is not residentially occupied or available for rent for more than 183 days in any year — the ATO monitors this and will invoice the vacancy fee if the return confirms the property was vacant.

All links go to official Australian government pages. Rules change — always verify current requirements before applying or signing any property contract.