Australia’s real estate market offers great opportunities for foreign investors, but the process involves specific steps, including FIRB approval. If you’re planning to invest, it’s important to know when FIRB approval is needed, how to apply, and the steps to ensure a smooth experience.
At AxJ Finance Brokers, we’re committed to making this journey easier, providing clarity and support so you can make informed, compliant decisions with confidence.
Curious about what FIRB approval involves? Let’s dive into the details and make your investment journey easier.
What is FIRB Approval?
FIRB approval is the formal authorisation required for foreign individuals and entities looking to invest in Australia. Monitored by the Foreign Investment Review Board (FIRB), this process is in place to ensure that foreign investments align with the country’s economic policies and national interests. FIRB primarily regulates investments in property, businesses, and certain sectors that may affect national stability or security.
For foreign investors, securing FIRB approval is an essential step, especially when purchasing real estate or increasing stakes in Australian businesses. This approval safeguards sensitive assets and helps maintain economic balance. By granting approval, FIRB ensures that investments benefit the broader economy without posing risks to national priorities.
When Do You Need FIRB Approval?
Foreign investors typically need FIRB approval when planning to purchase Australian property for non-residents or invest in certain business sectors. Approval requirements depend on the type of investment and can include:
Residential property
Foreign individuals usually need FIRB approval to buy homes, apartments, or vacant land in Australia. Buying foreign investment property in Australia is subject to specific residential property investment rules, especially for non-residents.
Commercial property
For larger or strategic business investments, FIRB approval is often required, particularly in sectors critical to the economy. This includes offices and retail properties, especially those considered significant in size or location.
Agricultural land and sensitive sectors
Investments in farmland or industries like telecommunications, media, and defence usually undergo strict review, as these sectors are closely monitored to protect national interests.
Expanding business ownership
FIRB approval may be required if you’re increasing your ownership in an Australian company, especially in sensitive sectors like defence or telecommunications.
Foreign investors looking to buy a holiday home or second property in Australia will usually need FIRB approval. Specialised options like holiday home loans can support these unique goals, ensuring financing aligns with both FIRB guidelines and personal preferences.
Who Needs FIRB Approval?
The need for FIRB approval largely depends on your residency status, as different rules apply to non-residents, temporary residents, and permanent residents:
Non-residents
Typically, non-residents must obtain FIRB approval before purchasing property or making business investments in Australia. This includes most types of real estate and any significant financial stakes in Australian companies.
Temporary residents
FIRB rules for temporary residents, such as those on work or student visas, face specific FIRB rules for buying residential property. Generally, they can purchase a single established dwelling if they live in it and sell it when they leave the country, although these guidelines are subject to change.
Permanent residents
Often exempt from FIRB requirements, permanent residents may still need to check FIRB permanent resident guidelines, as exemptions can vary based on the type of property or investment.
When is FIRB Approval Not Required?
Certain investments are exempt from FIRB approval based on specific FIRB exemption criteria, offering flexibility for some types of foreign investments. Here’s an overview of common exemptions:
Investments under a set threshold
Smaller-scale investments that fall below certain dollar values, particularly in non-sensitive sectors, may not require FIRB approval.
Temporary residents purchasing a primary residence
Temporary residents often have an exemption for buying a single, established dwelling intended as their residence. However, they may need to sell the property if they leave Australia.
Non-sensitive business acquisitions
Acquisitions in sectors deemed non-sensitive and under a specific value may be exempt. This applies mainly to smaller business investments that don’t impact Australia’s economic stability or security.
FIRB Application Fee 2024
The FIRB application fee for 2024 depends on the type and value of the investment. Fees vary, with higher fees for higher-value residential or commercial properties. FIRB fees for foreign buyers also change annually, so checking the latest rates is crucial to avoid unexpected costs.
If you’re considering an equity release to fund property purchases in Australia, keep in mind that FIRB fees are based on the property’s value and type. Being aware of the FIRB cost structure can help you better manage the budget for your investment.
| Amount | Fee per action |
| Less than $75,000 | $12,900 |
| $1 million or less | $44,100 |
| $2 million or less | $88,500 |
| $3 million or less | $177,000 |
| $4 million or less | $265,500 |
| $5 million or less | $354,000 |
| More than $5 million | Refer to the Foreign Investment Website |
Application fees for acquisitions in established dwellings from 1 July 2024 to 30 June 2025 | Source: Australian Tax Office
| Amount | Fee per action |
| Less than $75,000 | $4,300 |
| $1 million or less | $14,700 |
| $2 million or less | $29,500 |
| $3 million or less | $59,000 |
| $4 million or less | $88,500 |
| $5 million or less | $118,000 |
| More than $5 million | Refer to the Foreign Investment Website |
Application fees for acquisitions in new or near new residential dwellings or vacant residential land from 1 July 2024 to 30 June 2025 | Source: Australian Tax Office
Steps to Obtain FIRB Approval
The FIRB approval process requires careful preparation to ensure your application is complete and accurate, which can help reduce processing delays:
Step 1: Application Submission
Start by filling out the Foreign Investment Review Board application form. This form asks for comprehensive details on your investment, so accuracy is crucial. You’ll need to specify the type of property or business, intended ownership, and other investment details.
Step 2: Documentation
Gather all required documents, like financial records, identification, and any information showing you can support the investment. For property purchases, include details about the property, its value, and your residency status.
Step 3: Fees
The FIRB application requires a fee, which is based on the investment type and value. This FIRB approval cost breakdown is essential to plan for as fees increase with the investment size. Ensure you’re aware of the 2024 fee schedule, as FIRB fees are indexed annually.
Step 4: Timelines
Processing can take several weeks, often influenced by the complexity of the investment and the completeness of your application. FIRB decisions are typically issued within 30 days, but extra time is allowed in case of additional checks or document requests.
Need help navigating the FIRB application process? Reach out to a mortgage broker to ensure each step is completed accurately and efficiently, helping you secure approval with confidence.
Consequences of Not Getting FIRB Approval
Failing to apply for FIRB approval can lead to fines, forced property sales, or legal repercussions. Compliance with investment property regulations in Australia is essential to protect your investment and avoid ownership issues. Without this approval, you risk facing legal penalties, including:
- Fines: Investors who bypass the FIRB process may be subject to significant fines. FIRB’s compliance team actively monitors foreign investments to ensure adherence to investment property regulations in Australia.
- Forced Sales: In cases where a non-compliant property purchase is identified, the government may require you to sell the property, often within a strict timeframe. This forced sale may also result in financial losses.
- Legal Repercussions: FIRB regulations are legally binding. Disregarding these requirements could result in legal action and may affect your future investment opportunities in Australia.
Tips for a Smooth FIRB Approval Process
To make the FIRB approval process as simple as possible, keep these tips in mind:
Submit a Complete Application
Double-check that all information is accurate and current. A complete application reduces the chances of extra document requests that can delay approval.
Check Exemption Criteria
Not all investments require FIRB approval. Reviewing FIRB exemption criteria in advance helps determine if your investment qualifies based on type, size, or residency status.
Seek Expert Guidance
FIRB guidelines can be complex, especially for first-time investors. Consulting a professional can clarify details on fees, timelines, and required documentation, helping you avoid errors.
Following these tips can streamline the process and give you peace of mind as you move forward with your investment in Australia.
Conclusion: Importance of Compliance with FIRB Regulations
Now that you understand the essentials of FIRB regulations, it’s clear that following foreign property ownership restrictions is crucial for a successful and secure investment. Staying informed about FIRB requirements not only protects your assets but also ensures you’re making smart, compliant decisions that support your investment goals.
Compliance with FIRB regulations is not just a legal requirement; it safeguards your investment from potential penalties and complications. By following these guidelines, you align with Australia’s regulations, which ultimately creates a smoother, more transparent investment journey.
At AxJ Finance Brokers, we’re here to provide the insights and support you need. With the right guidance, you can approach your investment with confidence and clarity.
Ready to move forward? Call us at +61 433 147 323, and let’s make your investment journey a success!
FAQs On FIRB Approval
Yes, as a foreign investor, you typically need FIRB approval before purchasing property or making investments in Australia. The requirement varies based on property type, residency status, and investment size. Consulting FIRB guidelines or a professional ensures compliance.
FIRB processing times vary, often ranging from a few weeks to several months, depending on the type of investment. Larger investments or those involving sensitive sectors might take longer, so planning ahead is essential.
FIRB approval must be obtained before completing the transaction, but you can sign a contract that’s “subject to FIRB approval.” This condition allows you to secure the property while awaiting approval without risking non-compliance.
Yes, non-residents are generally restricted to new dwellings or vacant land. Purchasing established dwellings is limited to specific situations, often requiring the buyer to live in the property temporarily.
FIRB approval permits the purchase, but certain conditions may apply, especially for temporary residents who may need to sell upon leaving Australia. It’s essential to review these conditions to ensure long-term ownership aligns with your plans.