4. Foreign non-residents
Q4.1. I do not hold a temporary residency visa but I wish to purchase residential property, do I need to seek approval?
Yes. Unless you are exempt, all acquisitions of residential real estate by foreign persons must be approved.
Q4.2. I am a permanent resident and my relative is a foreign person who wishes to come to Australia to be near their family. Do they require approval to purchase a property?
Yes. As a foreign non-resident, your relative is required to apply for foreign investment approval to purchase any real estate.
Q4.3. I am a foreign non-resident, do I need approval if I buy property through an Australian company or trust arrangement?
Yes. If you are a foreign non-resident you require approval regardless of the way you buy the property.
Q4.4. I am a foreign non-resident, do I need approval to buy real estate through an Australian incorporated company or unit trust which has at least one Australian director or shareholder/unit holder?
Australian incorporated companies or trusts where 15 per cent or more of the shares or units are beneficially held by a foreign person are themselves considered to be \'foreign\' and require approval.
Q4.5. I am a foreign person who regularly visits family in Australia. Can I buy a second-hand property with a family member who is an Australian citizen or permanent resident?
No. As a foreign non-resident, you cannot buy any interest in second-hand residential property, irrespective of whether you purchase it solely in your name or jointly with eligible persons (Australian citizens, permanent or temporary residents), unless the Australian citizen is your spouse and you are buying the property jointly (i.e. as joint tenants).
Q4.6. I am a foreign person and I want to buy a transportable home in a caravan park but I will not be buying any land. Do I need approval?
You will only need approval if you enter into a lease for a site in the caravan park for a period that is reasonably likely to exceed five years.
Q4.7. I\'m a foreign non-resident and my spouse is an Australian permanent resident. If we\'re buying a house together, do I require approval?
Yes. Even though your spouse doesn\'t require approval, you still require approval.
Q4.8. I\'m a foreign non-resident and my spouse is a New Zealand citizen. If we\'re buying a house together, do I require approval?
Yes. Even though your spouse doesn\'t require approval, you still require approval.
Q4.9. I am a temporary resident, but my parents are not. Can they buy a property for me to live in while I am in Australia?
As foreign non-residents, they will need approval if they wish to purchase any property. They will not be permitted to acquire an established (second-hand) property.
Q4.10. Do foreign persons require approval to acquire a unit with a \'lifetime\' lease?
Yes, so long as the lease is reasonably likely to exceed five years.
Q4.11. I am an Australian citizen and I wish to purchase a property to live in as my permanent residence, but cannot afford to buy a property by myself. Can my foreign person parents (who live overseas) purchase an established property with me?
No. As foreign non‑residents, your parents are not permitted to acquire any interest in second-hand residential property, irrespective of whether the property would be purchased solely in their name or jointly with eligible persons (Australian citizens, permanent or temporary residents).
Q4.12. What share structure requirement/percentage ownership is allowable if an Australian citizen is purchasing a second-hand house with foreign non-residents?
Generally, no share structure percentage ownership is allowable asnon-resident foreign persons cannot buy established dwellings as investment properties or as homes irrespective of their interest in the property.
Q4.13. My relatives not living in Australia under any visas wish to buy a property in Australia. Can they get the approval to buy?
Yes, but only to buy a new property or vacant land – they cannot purchase an existing or second-hand property, unless for redevelopment.
Q4.14. I live overseas. Can I purchase a second-hand resident property with the intention of demolishing it and building a new house?
Yes with approval. Foreign non‑residents need to seek approval to buy established dwellings for redevelopment.
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