Can Foreigners Buy Property in Australia in 2026? The Rules, the Ban, the Surcharges and the Loans
Short answer. Yes, with limits that are tighter in 2026 than at any time in decades. A foreign person can buy a new dwelling, an off-the-plan apartment or vacant land to build on, with foreign investment approval and a fee, but cannot buy an established house or apartment between 1 April 2025 and 30 June 2029 except in narrow cases. Every state adds a surcharge of 7 to 9 per cent on top of stamp duty (the ACT charges a yearly land tax surcharge instead), and a smaller group of lenders will write the loan. Australian citizens are outside all of it. Permanent residents, and New Zealand citizens who hold or are eligible for the special category visa, need no approval and can buy an established home, though a state surcharge can still apply to them because each state writes its own definition of a foreign person.
This guide is written for three readers who use the same search words and get three different answers: the foreign national buying from outside Australia, the temporary resident already living here on a visa, and the Australian citizen or permanent resident overseas who has just been told, wrongly, that the ban applies to them. It sets out who counts as a foreign person, what a foreign person can and cannot buy until mid-2029, what the approval costs, what each state charges on top, how the loan works and which tax rules follow a foreign owner. Every rule below was checked against the Australian Government’s foreign investment website, the Australian Taxation Office and the state revenue offices on 11 September 2026, and the sources are listed at the end.
- Australians abroad need no approval. An Australian citizen can buy residential property without foreign investment approval however long they have lived overseas, and permanent visa holders and New Zealand citizens eligible for the special category visa are exempt too.
- Temporary residents are caught. A temporary resident living in Australia on a work, student, graduate or partner visa is a foreign person under the framework, just like a foreign national overseas, and the established home ban applies to both.
- New homes and land stay open. A foreign buyer can purchase a new dwelling, an off-the-plan property or vacant land to build on, with approval in hand before signing an unconditional contract; where the developer holds an exemption certificate, a buyer of a new dwelling in that development usually needs no approval of their own.
- Established homes are closed until 30 June 2029. The ban began on 1 April 2025, and the exceptions are narrow: redevelopment that significantly increases housing stock, commercial-scale housing, homes for certain Australian-based employees, and spouses buying as joint tenants with an Australian citizen or permanent resident.
- Approval has a price. The 2026-27 fee for a new dwelling or land priced at $1 million or less is $15,600, and each state then adds its own foreign purchaser surcharge on top of stamp duty.
- The loan is the narrow part. Only a small group of lenders will write a loan for a foreign buyer, so the finance is worth confirming before a developer contract is signed.
- Tax follows the owner to the sale. A foreign resident who sells after 30 June 2020 loses the main residence exemption unless the life events test is met, and cannot claim the full capital gains discount on property bought after 8 May 2012.
- Who is a foreign person, and who is not
- What foreigners can buy in Australia until 30 June 2029
- The established dwelling ban, and its exceptions
- How foreign investment approval works, and what it costs
- Foreign buyer stamp duty surcharges, state by state
- Can a foreigner get a home loan in Australia?
- The tax rules that follow a foreign owner
- Foreigner, temporary resident, permanent resident, expat: the same question, four answers
- Frequently asked questions
Who is a foreign person, and who is not
A foreign person, in the words of the foreign investment framework, is an individual who is not ordinarily resident in Australia. If you are not an Australian citizen, you are ordinarily resident only if both of these are true: you were in Australia for 200 or more days of the preceding 12 months, and your stay here is not limited in time by law (or, if you are now outside Australia, it was not limited in time when you last left). Temporary residents, foreign non-residents and New Zealand citizens who are not ordinarily resident are all taken to be foreign investors under the Act, with important exceptions described below.
The people the rules do not reach are easy to list, and worth listing because they are so often told otherwise:
- Australian citizens are exempt from foreign investment approval for residential property, wherever they live and however long they have been away. A citizen living overseas may still be a foreign person as the Act defines it, but the exemption applies all the same. No approval, no fee, no ban.
- Holders of a permanent visa are treated in the same way for residential land, even while living abroad, but each state writes its own definition of a foreign person for its surcharge, so a permanent resident overseas should check the state by state surcharges below.
- New Zealand citizens who hold, or are eligible for, the special category visa (subclass 444) are exempt from foreign investment approval for residential land, according to the key concepts guidance at foreigninvestment.gov.au.
Everyone else buying residential property is inside the framework: a British, American, Indian, Chinese or Singaporean national living overseas; a temporary resident in Australia on a work, student, graduate or partner visa; a foreign company or trust; and, in some circumstances, a couple where one partner is foreign and the property is not held as joint tenants.
What foreigners can buy in Australia until 30 June 2029
The Australian Government’s stated policy is to channel foreign investment into new housing, so the answer to what a foreign person can buy in 2026 is short.
| Property type | Foreign person, 2026 | What the approval usually requires |
|---|---|---|
| New dwelling (never sold or lived in) | Yes, with approval or under a developer exemption certificate | Fee paid before the decision; conditions attach to the approval |
| Off-the-plan apartment or house | Yes, as a new dwelling | Ask the developer whether it holds an exemption certificate; if it does, you do not apply yourself |
| Vacant residential land | Yes, with approval | Construction generally has to be completed within four years and the land cannot be sold until it is |
| Established house or apartment | No, from 1 April 2025 to 30 June 2029, other than the limited exceptions below | Applications outside the exceptions are not approved |
| Established dwelling for redevelopment | Possible, where the project significantly increases housing stock | Approval with development conditions |
Two practical points sit behind that table. Approval, or a developer’s exemption certificate, must be in hand before you sign an unconditional contract; buying first and applying later attracts penalties. And an exemption certificate is the better tool if you are still choosing between several new properties, because it lets you bid or negotiate on one property up to a stated value without a fresh application each time.
The established dwelling ban, and its exceptions
From 1 April 2025 foreign persons are banned from buying established dwellings in Australia. The ban was announced as a two-year measure ending on 31 March 2027; the Australian Government has since extended it, and both the Treasury guidance and the ATO now state that it runs to 30 June 2029. It applies to temporary residents buying an established home to live in as well as to non-residents buying to invest, which is the part that surprised a lot of people who feel, in every practical sense, local.
The exceptions are narrow and each has its own guidance note:
- Purchases of an established dwelling for redevelopment that significantly increases the housing stock, for example retaining the dwelling while adding others, or demolishing to build more.
- Purchases that support the availability of housing on a commercial scale.
- Purchases of established dwellings for certain Australian-based employees.
- Buying together with an Australian citizen or permanent resident spouse as joint tenants, the path most mixed couples use, with legal advice to confirm the structure.
Because the framework, its exceptions and fees are set by government and change, and because a wrong step is a legal problem rather than a lending one, have a solicitor confirm your position before contracts. We arrange the finance; we do not give migration or legal advice.
How foreign investment approval works, and what it costs
Residential applications are lodged with the ATO through Online services for foreign investors, before any contract is signed or while a contract is still conditional. A fee is payable when the application is submitted, and the ATO has 30 days to decide once the correct fee has been paid. Approval is for a specific property; an exemption certificate covers one property yet to be chosen, up to a value you nominate.
The fees are set in the Schedule of Fees published by the Treasury and indexed each July. For the 2026-27 financial year, for residential land other than established dwellings, the fee is:
| Purchase price | Fee for a new dwelling or vacant land (2026-27) |
|---|---|
| Less than $75,000 | $4,600 |
| $1 million or less | $15,600 |
| $2 million or less | $31,300 |
| $3 million or less | $62,600 |
| $4 million or less | $93,900 |
| $5 million or less | $125,200 |
Source: Foreign investment Schedule of Fees, version 8, 1 July 2026. Higher tiers continue above $5 million. The fee for an exemption certificate is the same amount at each tier from $1 million upward.
Two further costs follow the purchase. A foreign owner must register the property on the Register of Foreign Ownership of Australian Assets, and an annual vacancy fee applies if the dwelling is not occupied or rented out for at least 183 days in a year.
Buying a new dwelling as a foreign person, or with an Australian partner? The lending has to be confirmed before the contract, not after. A former banker on our team will tell you which lenders will write the loan for your passport, visa and currency, and what deposit they expect, before you commit to a developer.
Book a call with a former bankerRather message than book? WhatsApp Ahmed from wherever you are about the loan side of buying a new home in Australia as a foreign buyer. His own mobile, no call centre, and no obligation.
Foreign buyer stamp duty surcharges, state by state
Every state levies its own foreign purchaser surcharge on top of ordinary transfer duty, and every state writes its own definition of a foreign person, which does not copy the federal one. That is why a permanent resident who is outside the federal rules can still owe a state surcharge, and why a New Zealander is exempt in one state on a residence test and liable in another. The rates below were read from each revenue office website on 11 September 2026.
| State or territory | Surcharge on duty | Notes from the revenue office |
|---|---|---|
| New South Wales | 9 per cent surcharge purchaser duty | Not payable by Australian citizens, by permanent residents in Australia for 200 days in the preceding 12 months, by exempt permanent residents who live in the property for a continuous 200 days within 12 months of the contract, or by New Zealand special category visa holders who meet the residence requirement. Temporary and bridging visa holders are foreign persons unless an exception applies; partner visa (309 and 820) holders may qualify as ordinarily resident or exempt permanent residents. |
| Victoria | 8 per cent foreign purchaser additional duty | Rate applies to contracts from 1 July 2019 |
| Queensland | 8 per cent additional foreign acquirer duty | Rate applies where the duty liability arises on or after 1 July 2024; charged only on the foreign acquirer’s share |
| Western Australia | 7 per cent foreign buyers duty | On the dutiable value of residential property acquired by a foreign person or entity |
| South Australia | 7 per cent foreign ownership surcharge | On the value of the interest in residential land, for instruments from 1 January 2018; joint tenants are treated as equal tenants in common, so a mixed couple pays on the foreign partner’s half |
| Tasmania | 8 per cent foreign investor duty surcharge | On residential property for agreements from 1 April 2020 |
| Australian Capital Territory | No surcharge on duty | Foreign owners of residential land pay a land tax surcharge of 0.75 per cent of the average unimproved value each year |
| Northern Territory | Check with the Territory Revenue Office | Not verified for this guide |
Several states also add a foreign or absentee owner surcharge to annual land tax, so an investor should price the ongoing cost as well as the purchase cost. Each revenue office publishes a calculator; your conveyancer will confirm which definition catches you.
Can a foreigner get a home loan in Australia?
Yes, from a minority of lenders, on tighter terms than an Australian borrower, and only for a property the foreign investment rules allow. Most of the market is closed: NAB states that its home loans are not available to applicants who reside overseas or who need foreign investment approval, Westpac’s Key Fact Sheet excludes non-Australian-resident borrowers, and Macquarie’s credit guidelines require a current Australian residential address. The lenders that do write non-resident loans publish the terms: when we checked them on 14 September 2026, Brighten capped its non-resident home loans at 80 per cent of value, and La Trobe Financial capped its Non-resident Loan, written for international borrowers with foreign investment approval, at 75 per cent.
What a non-resident lender wants to see is the same in every country: a passport and visa, foreign payslips or tax returns, three to six months of bank statements showing salary credits, evidence of the deposit accumulating over time, the foreign investment approval or exemption certificate, and a contract for a property in a location the lender accepts. Foreign income is converted to Australian dollars and shaded, usually to 70 or 80 per cent of the converted figure depending on the currency, and some lenders then apply Australian tax scales to it. Deposits of 20 to 30 per cent plus the surcharge and costs are the planning range for a foreign national, and larger for a self-employed applicant or a currency outside the lender’s list.
Temporary residents living in Australia on Australian dollar salaries have more choice than foreign nationals living abroad, because their income needs no conversion, and the visa subclass, the time remaining on it and a visible permanent residency pathway decide which lenders are open. Our foreign income and non-resident home loan guide walks through the lenders visa by visa, and our bank-by-bank comparison quotes the published policies.
The tax rules that follow a foreign owner
Three ATO rules change the arithmetic for a foreign resident owner, and they are the ones a buyer from overseas most often learns about at sale rather than at purchase:
- No 50 per cent capital gains discount. A foreign or temporary resident is not entitled to the CGT discount on assets bought after 8 May 2012 for any period in which they were a foreign resident; an apportioned discount applies only for periods of Australian residency.
- No main residence exemption. A foreign resident who sells after 30 June 2020 cannot claim the main residence exemption unless the life events test is met, which requires a continuous period of foreign residency of six years or less and a qualifying event.
- Withholding at sale. From 1 January 2025, foreign resident capital gains withholding of 15 per cent applies to the value of all property sold by a foreign resident, unless a variation notice reduces it; Australian residents avoid it with a clearance certificate.
Rental income is taxed in Australia at foreign resident rates, and several states levy the land tax surcharges mentioned above. None of this is a reason not to buy; it is a reason to run the numbers with a tax adviser who works with foreign owners before you choose between a new apartment and a block of land.
Exempt from approval? Australian citizens overseas, permanent residents and New Zealand citizens who hold or are eligible for the special category visa need no foreign investment approval for residential property, and a far wider lender panel is open to them. Our expat lending desk places those files every week, on foreign income, from anywhere.
Book your call with a former bankerForeigner, temporary resident, permanent resident, expat: the same question, four answers
| Who you are | Foreign person? | Established home? | Approval and fee? | State surcharge? | Lenders |
|---|---|---|---|---|---|
| Foreign national living overseas | Yes | No, until 30 June 2029 | Yes, from $15,600 for $1 million or less | Yes, 7 to 9 per cent | Non-resident panel, 75 to 80 per cent maximum at the lenders that publish terms |
| Temporary resident in Australia (482, 485, 491, 494, student, partner, bridging) | Yes | No, until 30 June 2029, unless buying jointly with a citizen or permanent resident spouse | Yes, same fees | Usually yes; state tests differ | More lenders than a foreign national, because income is in Australian dollars |
| Permanent resident, in Australia or abroad | Exempt for residential land | Yes | No | Depends on the state residence test | Full market in Australia; expat panel if living abroad |
| New Zealand citizen (special category visa) | Exempt for residential land | Yes | No | Depends on the state residence test | As for a permanent resident |
| Australian citizen living overseas | Exempt for residential land | Yes | No | No | Expat panel on foreign income; see our expat home loan guide |
If you are in the bottom three rows, the guide you want is buying property in Australia from overseas, which covers the process step by step for Australians abroad, and the country by country expat hub for the rules that change with where you live.
Frequently asked questions
Can foreigners buy property in Australia in 2026?
Yes, within limits. Foreigners can buy new dwellings, off-the-plan homes or vacant land to build on, with foreign investment approval and a fee. They cannot buy established homes between 1 April 2025 and 30 June 2029, with narrow exceptions such as redevelopment that significantly increases housing stock or buying jointly with an Australian citizen or permanent resident spouse. Australian citizens, permanent residents and New Zealand citizens who hold or are eligible for the special category visa are outside the federal rules.
Can non residents buy property in Australia?
Yes, but only new dwellings and vacant land until 30 June 2029, with foreign investment approval from the ATO before an unconditional contract is signed. The 2026-27 application fee starts at $4,600 for a property under $75,000 and is $15,600 at $1 million or less. Every state adds 7 to 9 per cent surcharge duty on top of stamp duty, and the ACT charges a land tax surcharge instead.
Can a foreigner get a home loan in Australia?
Yes, from a minority of lenders, for a permitted property. NAB and Macquarie policies exclude applicants living overseas, and Westpac excludes non-Australian-resident borrowers. As at 14 September 2026, Brighten publishes non-resident loans up to 80 per cent of value and La Trobe Financial up to 75 per cent. Foreign income is converted and shaded; deposits of 20 to 30 per cent plus costs are the planning range.
What stamp duty surcharge do foreigners pay in Australia?
Between 7 and 9 per cent on top of transfer duty, with each state defining a foreign person its own way. As at 11 September 2026: New South Wales 9 per cent; Victoria, Queensland and Tasmania 8 per cent; Western Australia and South Australia 7 per cent. The ACT instead charges a yearly 0.75 per cent land tax surcharge, and several states add foreign or absentee owner land tax surcharges.
Can foreigners buy land in Australia?
Yes, vacant residential land to build on, with foreign investment approval. Approval is generally conditional on completing construction within four years and on not selling the land until the dwelling is built. The application fee is the same as for a new dwelling, $15,600 for land priced at $1 million or less in 2026-27, and the state foreign purchaser surcharge applies to the land purchase.
Can foreigners buy investment property in Australia?
Yes, for new dwellings or vacant land, but not established homes until 30 June 2029. Foreign resident investors lose the 50 per cent CGT discount for foreign residency periods on property bought after 8 May 2012, lose the main residence exemption on sales after 30 June 2020 unless the life events test is met, and face 15 per cent withholding on the sale price from 1 January 2025 unless varied.
Can overseas buyers buy property in Australia without visiting?
Yes. Approval is applied for online through the ATO, contracts and loan documents are signed electronically or before an approved witness, identity is certified where the buyer lives, and settlement is completed in Australia through PEXA. A buyers agent or trusted local usually inspects the property, a conveyancer handles the contract and state surcharge assessment, and the purchase must be one the foreign investment rules permit.
Can foreigners buy second hand property in Australia?
Not at present. Second hand means an established dwelling, and foreign persons are banned from buying those from 1 April 2025 to 30 June 2029, with limited exceptions for redevelopment that significantly increases housing stock, commercial-scale housing and certain Australian-based employees. Buying an established home with an Australian citizen or permanent resident spouse as joint tenants remains the recognised path for mixed couples.
Does the foreign buyer ban apply to Australian citizens living overseas?
No. Australian citizens are exempt from foreign investment approval wherever they live and however long they have been away, so the ban and the fees do not reach them. Permanent residents are treated the same way for residential land, and New Zealand citizens holding or eligible for the special category visa are exempt from approval. State surcharges use their own residence tests, which a permanent resident overseas should check.