FIRB approval for home buyers: fees, rules and timing

FIRB stands for Foreign Investment Review Board. Buyers use “FIRB approval” to mean the federal government’s permission to buy. The ATO handles residential applications. Your home loan and state duty have their own rules.

Our visa home loan guide covers borrowing. Start with the visa buying eligibility checker if you are unsure which purchase rules apply to you.

These are the residential exemptions in Treasury’s guidance. Company and trust purchases need separate advice. For a personal purchase, do not assume the tax-residency test decides FIRB eligibility.

A New Zealand citizen does not need to meet an extra “ordinarily resident” test to use the residential exemption if they hold, or are eligible for, a Special Category Visa. See our New Zealand citizen home loan guide for the lending side.

A qualifying purchase as joint tenants with your Australian citizen, permanent resident or eligible New Zealand citizen spouse can be exempt. The spouse definition can include a de facto partner.

Joint tenants jointly own the whole property. Tenants in common own defined shares. The spouse exemption requires joint tenancy, so ask your solicitor to check the proposed title before the contract is signed. Simply having an Australian partner on the loan does not establish the exemption.

If your spouse will own the home alone and both of you want to borrow, we also need to check lender policy and your legal rights. Our mixed-visa couples guide explains these ownership choices.

An exemption from the federal application does not automatically remove state foreign buyer duty. I would have both calculations confirmed before deciding whose names go on the title.

From 1 April 2025 to 30 June 2029, foreign buyers are generally prohibited from buying established homes, including for their own use. Residential exemptions can still apply, including the qualifying spouse purchase above. Other exceptions are limited. Ordinary home buyers should not assume a renovation or knockdown rebuild qualifies.

A property advertised as “new” is not enough on its own. Get the legal classification checked alongside the lender’s property requirements. For land, allow for the cost of the build as well as the purchase.

If your preferred established home is unavailable under the current rules, compare buying new, a qualifying spouse purchase or waiting for permanent residency. Waiting has costs too, including rent and possible price changes.

These figures come from Treasury’s 2026-27 fee schedule. Special fee rules can change the amount payable. Fees are indexed each 1 July, so check again if your application falls in a later financial year.

Established-home applications have a separate, higher scale where the purchase is permitted. For example, the ordinary fee for a $750,000 established home is $46,800, compared with $15,600 for a new home. A qualifying exempt purchase does not require that application fee.

Do not count on recovering the fee if the purchase falls through. Waivers and remissions depend on the circumstances. Ask the ATO about your position before assuming a withdrawal or unsuccessful purchase will produce a refund.

For a temporary visa holder buying a $750,000 new home alone, the ordinary FIRB fee is $15,600. Queensland additional foreign acquirer duty (AFAD), at 8% of the whole property’s dutiable value, adds $60,000. That is $75,600 before the deposit, ordinary transfer duty, legal costs or loan costs.

This calculation assumes a $750,000 dutiable value, a required individual application and no exemption or duty relief.

If a foreign buyer acquires a half share, Queensland AFAD generally applies to that share. Federal spouse approval rules and state duty relief are different checks. From 1 August 2026, each buyer must be an Australian citizen, permanent resident or specified foreign retiree to claim a Queensland home concession. Temporary residents generally pay standard duty plus 8% AFAD on their share. Our Queensland first home owners grant guide explains the rule.

Use our foreign buyer duty calculator to compare costs, then have your solicitor confirm the final amounts. Rates, exemptions and residency tests differ between states.

Tell us your visa, income and where you live and work. We can check whether we can help with the finance while your solicitor handles the approval requirements.

Use the ATO residential application instructions. Residential purchases are handled through the ATO rather than Treasury’s Foreign Investment Portal.

Have your passport and visa details, proposed ownership, property details and price ready. If you are relying on an exemption, give your solicitor the documents needed to establish it. Keep the approval or exemption evidence for the lender.

An approval may cover a specific property. A residential land exemption certificate can instead cover a search within its approved conditions. If your target property changes, ask your solicitor whether your existing approval covers it before proceeding. A developer’s certificate is a separate arrangement.

The usual statutory decision period is 30 days, followed by up to 10 days to notify you of the decision. The correct application fee must be paid before the decision period starts. Extensions and requests for further information can lengthen the process.

I would not set a settlement date by adding 30 days to the day you lodge. Your solicitor should allow time for the decision, notification and any contract conditions, while we confirm the lender’s timing.

For example, a buyer with a 30-day settlement contract may have no spare time even if the ordinary decision period applies. Paying the fee a few days after signing uses more of that window. Agree suitable dates before signing rather than relying on an extension from the seller.

A loan pre-approval does not give you permission to buy the property. Before auction day, check both your legal position and finance. We explain the lending checks in our pre-approval guide.

Ask your solicitor which Register of Foreign Ownership of Australian Assets notices you must lodge. A residential land acquisition generally needs a notice within 30 days of settlement for a freehold purchase, unless an exemption applies. Later changes, including a sale or a change in foreign-person status, can also require a notice.

If you are covered by the vacancy-fee rules, lodge an annual return within 30 days of the end of your vacancy year. A fee may apply if the home was not occupied or genuinely available for rent for at least 183 days. Short holiday lets of less than 30 days do not count towards the rental test. Living in the home does not, by itself, remove a return requirement.

Keep your approval conditions with your purchase records and put any construction or reporting deadlines in your calendar. Your solicitor or tax adviser can confirm which obligations apply.

Buying without required approval or breaching conditions can lead to penalties and a forced sale. Get legal advice promptly if you discover a missed requirement.

Send us your visa, income, savings and proposed property details. We check which lenders will consider the application, how much you may be able to borrow and what cash you need after purchase costs.

We also ask when the lender needs evidence of FIRB approval or exemption, so you and your solicitor can plan the application and contract dates. Your solicitor handles the legal advice and ownership checks. You can compare product features and fees in our lender reviews once we have confirmed which lenders will consider your application.

The visa home loan guide compares lending options, with specific guides for 491 holders and 482 holders. FIRB approval does not guarantee that a lender will accept your visa or the property.