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Understanding Foreign Investment Rules in Australia

By Coposit
10/09/2025

Australia is a popular destination for overseas buyers and investors. With strong property markets in Sydney, Melbourne, Brisbane, and other cities, foreign investment plays a major role in housing demand and economic growth. However, there are strict rules in place to ensure foreign ownership benefits the country. Anyone considering buying property in Australia must understand these regulations before entering the market.

Who Oversees Foreign Investment?

The Foreign Investment Review Board (FIRB) is responsible for reviewing and approving property purchases by overseas buyers. FIRB ensures that foreign investment is consistent with Australia’s national interest. Most foreign buyers must apply for FIRB approval before purchasing residential property.

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What Foreign Buyers Can Purchase

The rules vary depending on residency status and the type of property.

  • Temporary residents: Can usually buy one established dwelling to live in, but must sell it when leaving Australia. They can also buy new properties and vacant land with approval.
  • Foreign investors (non-residents): Restricted mainly to buying new properties or off the plan apartments. This encourages new housing supply rather than competing with locals for existing homes.
  • Permanent residents and citizens: Treated the same as Australian buyers and not subject to foreign investment restrictions.
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FIRB Application Process

Foreign investors must apply to FIRB and pay an application fee before making a purchase. The fee depends on the value of the property. For example:

  • Up to $1 million: $13,200 fee
  • Between $1 million and $2 million: $26,400 fee
  • Higher values attract higher fees on a sliding scale

Approval times vary, but most applications are processed within 30 days.

Penalties for Breaching the Rules

Failing to comply with foreign investment laws can result in heavy penalties. These include fines, forced property sales, and even criminal charges for serious breaches. It is critical that buyers seek professional advice before entering the Australian property market.

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Additional Costs for Foreign Buyers

Foreign investors must also factor in extra taxes when calculating their investment:

  • Foreign Investor Surcharge Stamp Duty: Charged by most states, usually an additional 7–8% of the property price.
  • Annual Vacancy Fee: Applies if a property is left empty for more than six months in a year.
  • Capital Gains Tax (CGT): Payable on profits when the property is sold.

These costs can significantly impact return on investment.

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Opportunities in Off the Plan Property

While rules may seem restrictive, off the plan properties present strong opportunities for foreign investors. Developers benefit from early sales, while investors gain access to brand-new homes. Buying off the plan is encouraged as it adds to Australia’s housing supply and stimulates construction.

How Coposit Helps Investors

For buyers navigating affordability, Coposit provides an innovative solution. With Coposit, you can secure a property with just a $10,000 deposit and then pay the balance through manageable weekly instalments. This model opens the door for both local and international buyers to access off the plan opportunities in Australia’s competitive market.

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Foreign Investment Rules and the Australian Property Market

Understanding Australia’s foreign investment rules is essential for overseas buyers. By following FIRB regulations, budgeting for extra fees, and exploring opportunities in new developments, foreign investors can successfully enter the market. With tools like Coposit making deposits more accessible, investing in Australia’s property market has never been more achievable.

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