South Australia Foreign Investment in Residential Property Laws (2026)
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Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
Non-residents and temporary visa holders who want to buy residential property in Australia need approval from the Foreign Investment Review Board (FIRB) before settling. The rule applies to all foreign persons, including temporary residents on student, work, or bridging visas — a fact that catches a lot of newcomers off guard.
From 1 April 2025 to 31 March 2027 there is a temporary statutory ban on foreign persons (including temporary residents) purchasing established dwellings — full stop, subject to narrow exemptions (permanent residents' principal place of residence, investor migration program holders, Pacific worker housing). The ATO's Residential Real Estate compliance team is funded specifically to enforce the ban. New dwellings and vacant land (with the 24-month construction-start condition) remain available.
Once the ban lifts (subject to government extension), the prior regime returns: temporary residents can apply to buy one established dwelling to live in (not for investment), and any number of new dwellings or vacant land. Non-residents living overseas can generally only buy new dwellings — established homes are off-limits.
FIRB application fees scale with property value. Established dwellings up to $1 million: fee of $14,100. Between $1–2 million: $28,200. Fees climb from there, and they double for vacant land if construction isn't completed in the required window.
Penalties for buying without FIRB approval are severe and rising: criminal penalties of up to $313,500 or 3 years' imprisonment for individuals; civil penalties of up to 25% of the property's value; and the ATO can issue a disposal order forcing the sale. The Treasury has been visibly more aggressive on enforcement in recent years.
When does it apply?
- You are a foreign person — a non-citizen who is not a permanent resident — and want to buy residential property in Australia.
- You hold a temporary visa (student, 482, 491, bridging) and want to buy a home to live in.
- You are an Australian citizen or permanent resident buying jointly with a foreign-person spouse — FIRB approval may still be required.
- You are buying vacant residential land and intend to build within 24 months.
What to Do If You Are a Foreign Buyer Seeking to Purchase Australian Property
- Apply to FIRB before signing a contract — approval must be in place before you acquire an interest in the property. Apply online at firb.gov.au.
- Pay the application fee at the time of application — fees are non-refundable even if your application is refused or you do not proceed with the purchase.
- Include a FIRB condition in the contract of sale — this protects you if approval is not granted.
- Comply with conditions — if approved for vacant land, you must commence continuous construction within 24 months and report progress to FIRB.
- Sell the established property when your visa ends — temporary residents must sell within a reasonable timeframe after departing Australia permanently.
What should you NOT do?
- Don't buy property without FIRB approval — penalties include forced sale, criminal charges, and fines up to 25% of the property's value.
- Don't use an Australian nominee to buy property on your behalf to avoid FIRB — this is a criminal offence for both parties.
- Don't leave vacant land undeveloped — failure to start building within 24 months can result in a disposal order and doubled fees.
- Don't assume New Zealand citizens are exempt — NZ citizens who are not ordinarily resident in Australia are still foreign persons under the Act.
How South Australia differs from federal law
Foreign investment in SA residential property is subject to the federal Foreign Acquisitions and Takeovers Act 1975 (Cth) and SA-specific surcharges introduced in recent years.
- SA imposes a foreign ownership surcharge on stamp duty of 7% (on top of normal stamp duty) for foreign purchasers of residential property, under the Stamp Duties Act 1923 (SA).
- SA also imposes a land tax surcharge of 2% on residential land owned by foreign persons, under the Land Tax Act 1936 (SA).
- Federal FIRB approval is required before any foreign person acquires residential property in SA. Application fees apply and vary based on the property value.
- Vacant property owned by foreign persons may attract additional federal vacancy charges if the property is not genuinely occupied or available for rent for at least 183 days per year.
Additional Steps in South Australia
Apply for FIRB approval through the ATO (foreigninvestment.gov.au). For SA surcharge queries, contact RevenueSA (revenuesa.sa.gov.au or 08 8226 3750). Foreign purchasers should consult a conveyancer or solicitor about total duty payable.
Relevant Law: Stamp Duties Act 1923 (SA); Land Tax Act 1936 (SA); Foreign Acquisitions and Takeovers Act 1975 (Cth)
Common Questions
What is the foreign investment in residential property right in Australia?
Non-residents and temporary visa holders who want to buy residential property in Australia need approval from the Foreign Investment Review Board (FIRB) before settling. The rule applies to all foreign persons, including temporary residents on student, work, or bridging visas — a fact that catches a lot of newcomers off guard.From 1 April 2025 to 31 March 2027 there is a temporary statutory ban on foreign persons (including temporary residents) purchasing established dwellings — full stop, subject to narrow exemptions (permanent residents' principal place of residence, investor migration progr...
When does foreign investment in residential property apply?
You are a foreign person — a non-citizen who is not a permanent resident — and want to buy residential property in Australia.You hold a temporary visa (student, 482, 491, bridging) and want to buy a home to live in.You are an Australian citizen or permanent resident buying jointly with a foreign-person spouse — FIRB approval may still be required.You are buying vacant residential land and intend to build within 24 months.
What should I do to get FIRB approval before buying residential property in Australia as a foreign person?
Apply to FIRB before signing a contract — approval must be in place before you acquire an interest in the property. Apply online at firb.gov.au.Pay the application fee at the time of application — fees are non-refundable even if your application is refused or you do not proceed with the purchase.Include a FIRB condition in the contract of sale — this protects you if approval is not granted.Comply with conditions — if approved for vacant land, you must commence continuous construction within 24 months and report progress to FIRB.Sell the established property when your visa ends — temporary resi...
What mistakes should I avoid with foreign investment in residential property?
Don't buy property without FIRB approval — penalties include forced sale, criminal charges, and fines up to 25% of the property's value.Don't use an Australian nominee to buy property on your behalf to avoid FIRB — this is a criminal offence for both parties.Don't leave vacant land undeveloped — failure to start building within 24 months can result in a disposal order and doubled fees.Don't assume New Zealand citizens are exempt — NZ citizens who are not ordinarily resident in Australia are still foreign persons under the Act.
Foreign Investment in Residential Property in other states
Same topic, different jurisdiction. Pick the one that applies to you.