Complete FIRB Approval Guide for Overseas Property Buyers in Australia
If you are not an Australian citizen or permanent resident, your Melbourne property purchase likely starts with three words: Foreign Investment Review Board. The FIRB framework is a defined legal pathway rather than an obstacle, and understanding it early keeps your purchase smooth. This is a plain-English overview.
Who needs approval
Foreign persons, broadly meaning non-residents and many temporary visa holders, generally need approval before acquiring residential property in Australia. Australian citizens and permanent residents do not. If you hold a temporary visa, your position depends on your specific circumstances, which is exactly the kind of case-by-case question to resolve before you fall in love with a property.
What foreign buyers can purchase
The framework channels foreign investment toward new housing. New dwellings, including off-the-plan apartments and townhouses, are the established pathway for foreign buyers. Established dwellings are far more restricted, and as at the date of this article the Australian Government has in place a ban on foreign persons purchasing established homes, which has been extended to run until 30 June 2029, with limited exceptions. The practical effect for most overseas buyers is simple: new property is the avenue, which is precisely where off-the-plan sits.
The process in five steps
- 1. Confirm whether you need approval based on your citizenship and visa status.
- 2. Apply before you commit. Approval should be in place before signing an unconditional contract, or the contract should be made conditional on FIRB approval.
- 3. Pay the application fee. Fees apply per application, scale with property value and are indexed over time, so always check the current schedule.
- 4. Receive your decision. Straightforward residential applications are typically processed within weeks, though timeframes vary, so build buffer into your contract dates.
- 5. Comply with any conditions attached to the approval after settlement.
Developer exemption certificates
Some new developments hold an exemption certificate that allows the developer to sell new dwellings to foreign buyers under the certificate, which can simplify the individual buyer's process. Whether a particular project holds one is a question we confirm during due diligence.
Penalties for purchasing without required approval are significant, and the rules, fees and policy settings change. The authoritative sources are firb.gov.au and the Australian Taxation Office, and your conveyancer or solicitor should confirm your position before you sign anything.
Other costs to factor in
Foreign buyers should also budget for additional purchaser duty in Victoria, which applies on top of standard stamp duty, plus annual land tax surcharges that may apply. These are state-level costs separate from FIRB itself, and your conveyancer will quantify them precisely for your situation.
How Nobilis manages this for you
FIRB coordination is part of our standard process for international clients. We confirm whether approval is needed, align the application with your contract timeline, verify any developer exemption certificate, and keep the legal and finance professionals moving in step, in English or Vietnamese, with Mandarin and Cantonese support available through our team.
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Book a Free ConsultationThis article is general information only and is current as at June 2026. It does not take account of your personal circumstances and is not financial, legal, taxation or investment advice. Rules, thresholds and concessions change and may not apply to your situation. Please confirm your position with the State Revenue Office Victoria, a qualified conveyancer or solicitor, and your accountant or financial adviser before making any decision.