Who Can Buy Property in Australia? Rules Explained

Many first home buyers from Nepali and Indian backgrounds are unsure who can buy property in Australia. Immigration status, visa type and foreign buyer rules all interact, so the answer depends on your situation.

Here is the short version. Australian citizens and permanent residents can generally buy homes in Australia without approval from the Foreign Investment Review Board (FIRB). Temporary visa holders and overseas buyers are treated as foreign persons. They usually need FIRB approval, and they face tighter limits on the types of home they can buy.

This guide explains each group, the main rules to check and how a mortgage broker can help you plan your purchase.

Key Takeaways

• Australian citizens and permanent residents generally do not need FIRB approval to buy a home, whatever their country of birth.
• Temporary visa holders are usually foreign persons. They generally need FIRB approval and may be limited to new homes, off-the-plan apartments or vacant land.
• From 1 April 2025 to 30 June 2029, foreign persons are generally prohibited from buying established homes, with limited exceptions.
• From 19 September 2026, FIRB fees can no longer be paid by credit or debit card. Plan for BPAY, direct deposit or international bank transfer.
• Foreign buyers can also pay state surcharges. In NSW it is 9%, in Victoria 8% and in Queensland 8%, on top of standard duty.
• From 1 August 2026, Queensland home concessions are limited to Australian citizens, permanent residents and certain retirees. Temporary residents generally do not qualify.
• Everest Home Loans helps clients understand their category and compare lenders, with support in English, Nepali and Hindi.

Who Can Buy Property in Australia at a Glance?

Buyer type	FIRB approval usually needed?	Typical property types	Costs to check
Australian citizens	No	Any residential property, including established homes and land	Standard stamp duty and lender fees
Permanent residents	No	Any residential property, including established homes and land	Standard stamp duty and lender fees
Temporary visa holders	Usually yes	New homes, off-the-plan apartments, some vacant land	FIRB fees and possible state surcharges
Overseas foreign nationals	Yes	New homes, off-the-plan apartments, some vacant land	FIRB fees, state surcharges and tax obligations

Use this table as a starting point only. Your visa conditions, residency status and the property itself all affect the answer.

Who Counts as a Foreign Person in Australia?

A foreign person under the FIRB rules includes foreign individuals, foreign companies and some trusts. Temporary residents are generally treated as foreign persons, even after living in Australia for years. Foreign-owned companies can also be caught by the rules, so the structure of a purchase matters as well as the buyer’s visa.

Citizens and permanent residents are not foreign persons for FIRB purposes in most cases. Some state rules use a different test. In NSW, for example, a permanent resident may still be treated as a foreign person if they have not been in Australia for at least 200 days in the 12 months before the contract date.

Australian Citizens and Permanent Residents: What Can You Buy?

Australian citizens and permanent residents, including many migrant families, generally do not need FIRB approval to buy residential property. That includes new homes, established houses, units, townhouses, vacant land and investment properties. Your citizenship or residency status matters, not the language you speak at home.

Australian citizens who live overseas are also generally treated as local buyers for FIRB purposes. Banks can assess foreign income more carefully, though, so expect to provide more documents. Many lenders also review overseas payslips, tax returns and savings in other currencies in detail.

If you are planning to buy at auction, read our guide to buying a house at auction in Australia before you bid. Pre-approval gives you a clear budget, and it is easier to set a limit before the day.

Temporary Residents and Visa Holders: What Are the Rules?

Temporary visa holders, including many skilled workers and students from Nepal and India, are usually foreign persons for property purchase rules. This means they generally need FIRB approval before they sign a contract. Living in Australia for several years does not change this.

FIRB policy generally allows foreign persons to buy certain types of property that add to housing supply. These often include new or near-new dwellings, off-the-plan apartments and vacant residential land where construction must be completed within four years. Your approval conditions will spell out exactly what you can buy.

Established homes are more restricted. From 1 April 2025 to 30 June 2029, foreign persons are generally prohibited from buying established dwellings, with limited exceptions. Check the current guidance on foreigninvestment.gov.au before you look at established homes.

Some temporary residents buy with an Australian citizen or permanent resident partner. Joint purchases can still raise FIRB questions, because the foreign partner’s share may need approval. Get advice from your solicitor and your broker before you choose whose name goes on the contract.

Tip: If you hold a temporary visa, ask your solicitor to include a clause such as “subject to FIRB approval and finance” in your contract. This protects you if approval or finance is delayed.

Our FIRB guide for temporary residents explains the approval process in more detail.

Foreign Buyers: FIRB Fees and Extra Costs

Foreign nationals who live overseas face the strictest rules. They must obtain FIRB approval before most residential purchases, and their property options are usually limited to new dwellings, off-the-plan properties and some vacant land.

FIRB application fees are set out in the Treasury fees guidance note for the 2026-27 financial year. Residential fees are tiered by purchase price and rise every $1 million. Based on that note:

• Residential land with an established dwelling: from $46,800 for acquisitions of $1 million or less, rising to a maximum of $3,736,500 for acquisitions above $40 million.
• Residential land without an established dwelling: from $15,600 for acquisitions of $1 million or less, rising to a maximum of $1,245,500 for acquisitions above $40 million.

Fees are indexed each 1 July, so check the current schedule on foreigninvestment.gov.au before you budget. Fees are generally payable on application, and the Treasurer may waive or remit part of a fee in limited cases.

Expect several other extra costs on top of the purchase price:

• State surcharges. Foreign buyers pay an extra duty on residential property in each state. The current rates are 9% in NSW (surcharge purchaser duty), 8% in Victoria (foreign purchaser additional duty) and 8% in Queensland (additional foreign acquirer duty). Your status decides whether you are a foreign person, so check it before you make an offer. In NSW, citizens and people who are ordinarily resident in Australia are generally not foreign persons.
• Queensland home concessions. From 1 August 2026, home, first home and vacant land concessions in Queensland are limited to Australian citizens, permanent residents and specified foreign retirees on certain legacy visas. Temporary residents will generally pay standard transfer duty and the 8% additional foreign acquirer duty.
• Annual vacancy fee. The Australian Taxation Office (ATO) can charge an annual vacancy fee to foreign owners of residential property that is not residentially occupied or genuinely available for rent for more than 183 days in a year.
• Capital Gains Tax withholding. When a foreign resident sells Australian property, the buyer must generally withhold 15% of the sale price for contracts signed from 1 January 2025. A variation notice from the ATO can reduce this amount, so apply as soon as you sign the sale contract.

Get independent tax advice before you buy. A tax adviser can explain how these costs affect your cash flow and your long-term plans.

First Home Buyer Schemes and Eligibility

Eligible first home buyers may use the Australian Government 5% Deposit Scheme, formerly known as the Home Guarantee Scheme. Under the scheme, first home buyers with a minimum 5% deposit can buy without paying lenders mortgage insurance. Price caps apply by location, and you apply through a participating lender, not directly to Housing Australia.

Eligibility rules apply, including residency requirements, so confirm your position with a participating lender before you rely on the scheme. Our guide to whether you really need a 20% deposit explains the trade-offs between deposit sizes.

If you are buying in New South Wales, our first home buyer grants guide covers the state rules. You can also check duty for a specific purchase with our stamp duty calculator.

How Lenders Assess Your Application

Your visa and residency status affect which lenders will consider you, how much you can borrow and how much deposit you need. Lenders often ask for more documents from temporary visa holders and overseas-income earners. Policies also differ between lenders, and they change over time.

Some lenders offer loans to non-residents, but the choice is narrower and the deposit is usually larger. A broker can check which lenders will consider your residency status before you start looking at homes.

Work out a realistic budget with our borrowing power calculator. Then read our guide to home loans for 482 visa holders if that applies to you. You can also learn about lenders mortgage insurance and how it changes your costs.

If a guarantor is involved, read our guide to what a guarantor loan is before anyone signs.

How Everest Home Loans Helps You Navigate Property Buying

Everest Home Loans helps multicultural buyers understand the rules before they make an offer. Senior Mortgage Broker Rajesh Kandel leads a team that supports first home buyers, investors and families from Nepali, Hindi and English-speaking backgrounds across Australia.

Since 2015, we have helped clients with 1,500+ home loans worth over $400 million settled. We work with 40+ lenders, and Rajesh holds Platinum Broker status with Commonwealth Bank, Westpac and NAB. Our clients leave more than 450 five-star Google reviews.

You can speak with us in English, Nepali or Hindi. Our team can explain your category, compare lenders that suit your visa and income, and walk you through government schemes you may qualify for. We explain how the broker is paid as part of the first conversation, so you know exactly what it costs.

Speak to a local broker in Sydney, Melbourne, Brisbane, Perth, Adelaide or Canberra. You can also read more about Rajesh Kandel and why families choose a Nepali mortgage broker.

If you are comparing a broker with your bank, our guide on bank versus broker explains the differences. For a full overview of the role, see what a mortgage broker does.

Your Next Steps

Start by confirming your residency or visa status. Check FIRB requirements for the type of property you want. Then get a pre-approval estimate so you know your budget before you start looking.

1. Confirm your status. Citizen, permanent resident, temporary visa holder or overseas buyer.
2. Check FIRB rules. Read the current guidance on foreigninvestment.gov.au for your property type.
3. Work out your budget. Use the loan repayment calculator to test different loan amounts.
4. Talk to a broker early. Book a free consultation or contact us in English, Nepali or Hindi.

Many buyers also review our guide to the buying process for Nepali migrants and our house deposit guide before they start.

Frequently Asked Questions

Can you buy property in Australia without being a citizen?

Yes, in some cases. Permanent residents can generally buy without FIRB approval. Temporary visa holders and overseas buyers can also buy, but usually only new homes, off-the-plan apartments or vacant land, and FIRB approval is generally required.

Can I buy property in Australia on a student visa?

Student visa holders are usually foreign persons, so they generally need FIRB approval before they sign a contract. Their options are normally limited to new homes, off-the-plan apartments or vacant land. Check the current FIRB conditions before you make an offer.

Do permanent residents pay the foreign buyer stamp duty surcharge?

Often not. In NSW, a permanent resident is generally not a foreign person if they are ordinarily resident in Australia. That usually means being in Australia for at least 200 days in the 12 months before the contract date. Check the rules for your state before you make an offer.

Do I need FIRB approval if I am buying with my Australian citizen spouse?

It depends on the structure of the purchase and your partner’s share. Joint purchases with a foreign person can still need approval, so get advice from your solicitor and broker before you choose whose name goes on the contract.

Can I get a home loan on a temporary visa?

Some Australian lenders will consider temporary visa holders, but policies differ widely. You may need a larger deposit and more documents, and lenders will review your visa expiry date. A broker can tell you which lenders are open to your visa type.

Can non-residents get a mortgage to buy property in Australia?

Some lenders offer loans to non-residents, but the options are narrower and the deposit is usually larger. Get a broker to check which lenders will consider your situation before you commit to a purchase.

What is the 5% Deposit Scheme?

The Australian Government 5% Deposit Scheme helps eligible first home buyers buy with a minimum 5% deposit and without lenders mortgage insurance. Price caps apply, and you apply through a participating lender. Check eligibility before you rely on it.

Does using a mortgage broker cost extra?

Brokers are usually paid a commission by the lender after settlement, not directly by the borrower. Ask us to explain how we are paid before you commit to anything.

General information only. This article does not take into account your objectives, financial situation or needs. Visa, FIRB, tax and state duty rules change, and lender policies vary. Consider your own circumstances and seek advice from a qualified tax adviser, solicitor or the relevant government agency before making a decision. Everest Home Loans operates under the Australian Credit Licence of Connective Credit Services (ACL 389328).