Last reviewed: 14 July 2026
Foreign buyers can purchase certain types of property in Queensland, but the rules differ substantially from those applying to Australian citizens and permanent residents.
Before signing a contract, an overseas buyer should confirm:
- whether they are a foreign person under Australian law;
- whether foreign investment approval is required;
- whether the property is new, near-new, vacant or established;
- whether the current established-dwelling restriction applies;
- whether the contract is conditional on approval;
- what Commonwealth application fees may be payable;
- what Queensland duty and surcharge liabilities may apply; and
- what post-settlement registration and vacancy reporting obligations may arise.
The legal position depends on the buyer, visa status, ownership structure, property classification and intended use. This guide provides a general overview only.
Can a foreign person legally buy property in Queensland?
Yes. A foreign person may be able to purchase residential property in Queensland, but approval and property-type restrictions commonly apply.
Australia’s foreign investment policy generally directs foreign investment towards property that increases the housing supply, particularly:
- new dwellings;
- certain near-new dwellings;
- vacant residential land for development;
- eligible redevelopment projects; and
- some large-scale housing projects.
Foreign buyers are currently subject to a general prohibition on purchasing established dwellings, subject to limited exceptions.
Who is generally treated as a foreign person?
The foreign-person analysis can be more complex than nationality alone. Depending on the circumstances, a foreign person may include:
- an individual who is not an Australian citizen;
- an individual who is not an Australian permanent resident;
- some temporary visa holders;
- a foreign corporation;
- an Australian company with sufficient foreign ownership or control;
- a trust with sufficient foreign ownership or control;
- a foreign government investor; or
- another entity caught by the foreign investment legislation.
Temporary residence, tax residence and permanent residence are different legal concepts. A buyer should not assume that living or working in Australia removes foreign investment requirements.
Who may be exempt from approval?
Some people or transactions may fall within an exemption, but exemptions should be checked carefully before a contract is signed.
Potential examples may include:
- Australian citizens;
- Australian permanent residents;
- certain New Zealand citizens;
- some acquisitions resulting from a will or operation of law;
- certain acquisitions from government bodies; and
- limited spouse-related acquisitions satisfying the regulatory requirements.
The spouse exemption is narrow. It should not be assumed to apply merely because one buyer is an Australian citizen or permanent resident.
Matters such as whether the couple acquires the property as joint tenants, whether the relationship meets the statutory definition and whether another foreign person is involved can affect the outcome.
When is foreign investment approval generally required?
Foreign persons generally need approval before acquiring an interest in Australian residential land, regardless of the property value.
Approval should be obtained before the buyer takes the relevant action. In a property purchase, the buyer may enter into a contract before approval only where the contract is properly conditional on receiving foreign investment approval.
Signing an unconditional contract before approval may expose the buyer to:
- breach of foreign investment law;
- substantial civil or criminal penalties;
- orders affecting the acquisition;
- loss of the deposit;
- contractual default; and
- difficulty completing settlement.
What property can foreign buyers purchase in Queensland?
New dwellings
Foreign buyers may generally apply to purchase a new dwelling.
A new dwelling is broadly a dwelling that has not previously been sold as a dwelling and has not previously been occupied.
Approval for a new dwelling is usually subject to the purchase price not exceeding the amount approved.
Near-new dwellings
Certain near-new dwellings may also qualify.
This category can apply where a dwelling was previously sold by a developer, the sale failed to settle and the dwelling has not been occupied beyond the permitted period.
A renovated established house is not automatically converted into a new dwelling for foreign investment purposes.
Vacant residential land
Foreign buyers may apply to purchase genuinely vacant residential land for development.
Approval commonly requires:
- at least one residential dwelling to be constructed;
- construction to be completed within four years of approval;
- evidence of completion to be supplied;
- the land not to be sold before construction is completed; and
- the purchase price not to exceed the approved value.
Land on which a dwelling was previously demolished may not be treated as vacant residential land. It may instead be subject to the established dwelling rules.
Off-the-plan property
Foreign buyers can commonly purchase eligible off-the-plan dwellings, subject to approval or an applicable developer exemption certificate.
Where the developer holds a valid New or Near-New Dwelling Exemption Certificate, an individual foreign purchaser may not need to submit a separate application for a qualifying purchase within the certificate’s limits.
Commercial property
Commercial land is governed by different foreign investment rules from residential land.
Approval requirements may depend on:
- the value of the acquisition;
- whether the land is vacant or developed;
- the buyer’s nationality and ownership structure;
- whether the land is sensitive or national-security land;
- the proposed use; and
- the applicable monetary threshold.
Can foreign buyers purchase established homes?
From 1 April 2025 to 30 June 2029, foreign investors are generally prohibited from purchasing established dwellings in Australia.
An established dwelling generally includes a residential property that has previously been occupied or sold, including many ordinary houses, townhouses and apartments on the secondary market.
The policy is intended to direct foreign investment towards housing that adds to Australia’s supply.
The prohibition is not absolute. Limited exceptions may be available, but approval is still commonly required.
Limited exceptions for established dwellings
Exceptions may potentially apply in circumstances including:
- redevelopment that will significantly increase the housing stock by at least 20 additional dwellings;
- certain Build to Rent developments;
- acquisitions supporting housing availability on a commercial scale;
- certain retirement village, aged care, assisted living or student accommodation projects;
- limited employer-provided housing arrangements for eligible workers;
- a qualifying spouse exemption; and
- another specific legislative exemption.
An application involving an exception should not be treated as routine. The proposal, development outcome and eligibility conditions must be examined carefully.
Can a foreign temporary resident buy a home to live in?
Temporary residents have historically been able to seek approval for established dwellings used as their principal residence, subject to conditions.
However, the current established-dwelling restriction significantly limits those acquisitions during the period ending 30 June 2029.
A temporary resident should therefore not assume that an intention to live in the property creates an automatic entitlement to purchase it.
The buyer should obtain advice on:
- their current visa and foreign-person status;
- the classification of the property;
- whether an exception applies;
- whether a new dwelling would be a suitable alternative; and
- the contract conditions required before signing.
How foreign investment application fees work
A fee is generally payable when a foreign investment application is submitted.
The amount can depend on:
- the property classification;
- the property value;
- whether the dwelling is new, vacant or established;
- whether the application concerns a specific property;
- whether an exemption certificate is sought;
- whether a variation is requested; and
- the fee schedule applying when the application is lodged.
Application fees are indexed and may change each financial year.
For this reason, buyers should check the current official fee schedule immediately before applying rather than relying on an older static fee table.
The statutory decision period generally does not commence until the correct application fee has been paid.
Queensland transfer duty and foreign buyer surcharges
Commonwealth foreign investment approval is separate from Queensland duty.
A foreign buyer may need to budget for:
- ordinary Queensland transfer duty;
- Additional Foreign Acquirer Duty;
- possible foreign-owner or absentee-owner land tax consequences;
- registration and search fees;
- legal and conveyancing fees;
- foreign investment application fees; and
- ongoing ownership and vacancy compliance costs.
Additional Foreign Acquirer Duty is generally imposed in addition to ordinary transfer duty where a foreign acquirer obtains relevant Queensland residential property.
The foreign-person tests used for Queensland duty are not necessarily identical to the Commonwealth foreign investment tests.
Buyers should therefore obtain separate advice about both regimes.
Does buying with an Australian spouse remove the FIRB requirement?
Not automatically.
A limited exemption may apply where a foreign person acquires residential property with an Australian citizen, Australian permanent resident or qualifying New Zealand citizen spouse.
The exemption is subject to specific requirements. For example, the form of co-ownership can matter.
A couple should obtain advice before signing where:
- the property will be held as tenants in common;
- the foreign spouse will acquire a larger beneficial interest;
- a company or trust will acquire the property;
- another person will also be an owner;
- the relationship does not meet the statutory definition; or
- the purchase involves an established dwelling.
Should the contract be subject to foreign investment approval?
Where approval is required and has not yet been obtained, the contract should normally contain a carefully drafted foreign investment condition.
The condition should address:
- the application deadline;
- the approval deadline;
- the buyer’s obligation to apply promptly;
- the buyer’s obligation to pay the correct fee;
- extensions where a decision is delayed;
- the consequences of refusal;
- the treatment of unacceptable approval conditions;
- refund of the deposit where the contract is terminated; and
- whether the buyer may waive the condition.
A generic finance condition does not normally replace a properly drafted foreign investment condition.
The standard contract should not be signed on the assumption that the seller will later agree to add FIRB protection.
What happens after approval?
Approval may contain conditions that continue after settlement.
Depending on the property, the buyer may need to:
- ensure the purchase price does not exceed the approved value;
- complete construction within the required period;
- provide evidence of completion;
- avoid disposing of vacant land before construction is completed;
- notify the Register of Foreign Ownership of Australian Assets;
- retain compliance records;
- lodge annual vacancy fee returns; and
- notify later sales or ownership changes.
Settlement does not necessarily mark the end of the foreign investment compliance process.
Register of Foreign Ownership obligations
Foreign buyers must consider notification requirements under the Register of Foreign Ownership of Australian Assets.
Notification may be required after:
- acquiring residential land;
- disposing of residential land;
- changing the nature or percentage of an ownership interest;
- becoming or ceasing to be a foreign person; or
- another registrable event.
Title registration through the ordinary conveyancing process should not be assumed to satisfy every foreign ownership notification requirement.
Annual vacancy fee returns
A foreign owner of Australian residential property may need to lodge an annual vacancy fee return.
An annual vacancy fee may apply where the property is not residentially occupied or genuinely available for rent for more than 183 days during the relevant vacancy year.
Owners should retain evidence including:
- residential tenancy agreements;
- property management records;
- rental advertisements;
- rental ledgers;
- occupancy records;
- utility records;
- short-stay records, where relevant; and
- documents explaining extended vacancy periods.
A return may still need to be considered even where the owner believes no vacancy fee is payable.
AML/CTF and source-of-funds checks
Foreign buyers should also prepare for identity, beneficial ownership and source-of-funds enquiries.
Depending on the transaction, the buyer may be asked to provide:
- passport and address documents;
- visa or residency information;
- company or trust documents;
- details of ultimate beneficial owners;
- bank statements;
- loan approval documents;
- gift letters;
- private loan agreements;
- evidence of asset-sale proceeds;
- international transfer records; and
- certified English translations.
AML/CTF compliance does not replace foreign investment approval, and foreign investment approval does not replace AML/CTF checks.
Common mistakes foreign buyers should avoid
- signing an unconditional contract before approval;
- assuming a temporary visa allows any residential purchase;
- treating a renovated established house as a new dwelling;
- assuming demolished-house land is always vacant residential land;
- relying on an expired or inapplicable developer exemption certificate;
- failing to confirm the approved purchase-price limit;
- assuming an Australian spouse automatically creates an exemption;
- ignoring Queensland AFAD and transfer duty;
- failing to prepare source-of-funds evidence;
- missing post-settlement registration requirements;
- failing to lodge vacancy fee returns; and
- relying on old FIRB fee tables or outdated established-dwelling dates.
Practical checklist before making an offer
- Confirm your foreign-person status. Review citizenship, permanent residence, visa status and entity ownership.
- Classify the property. Determine whether it is new, near-new, vacant, established, residential or commercial.
- Check the established-home restriction. Do not assume an established dwelling is available to a foreign purchaser.
- Confirm whether an exemption applies. Obtain advice before relying on a spouse, inheritance or other exemption.
- Review the contract before signing. Add an appropriate foreign investment condition where required.
- Check current application fees. Use the current official fee schedule applying on the submission date.
- Calculate Queensland duty and AFAD. Include all state charges in the acquisition budget.
- Prepare source-of-funds documents. Organise bank, loan, gift and overseas transfer records early.
- Plan for post-settlement compliance. Record register, vacancy fee and approval-condition deadlines.
- Keep records. Retain approval, contract, settlement, ownership and occupation evidence.
Frequently asked questions
Can a foreigner buy a new apartment in Brisbane?
Generally yes, subject to foreign investment approval or a valid developer exemption certificate and the applicable purchase conditions.
Can a foreigner buy an established house in Queensland?
Foreign investors are generally prohibited from purchasing established dwellings until 30 June 2029, subject to limited exceptions.
Can a temporary visa holder buy a home to live in?
Not automatically. The current established-dwelling restriction may apply. Advice should be obtained before signing.
Can a foreign buyer purchase vacant land?
Potentially yes, subject to approval and development conditions, commonly including completion of construction within four years.
Does an Australian spouse remove the approval requirement?
Not in every case. A limited exemption may apply only where the regulatory requirements are satisfied.
Does FIRB approval remove Queensland AFAD?
No. Commonwealth foreign investment approval and Queensland duty are separate regimes.
Can the buyer sign before approval?
A buyer may enter into a properly conditional contract. The buyer should not ordinarily become unconditionally bound before receiving approval.
Are application fees refundable if the buyer changes their mind?
Refund entitlement depends on the legislation, application stage and circumstances. Buyers should not assume the fee will be refunded.
How Ensure Legal can assist
Ensure Legal advises overseas buyers, temporary residents, foreign-owned entities and developers on Queensland property transactions.
Our work may include:
- foreign-person and exemption analysis;
- contract review before signing;
- drafting and negotiating foreign investment conditions;
- FIRB and residential property application support;
- new, near-new and vacant-land advice;
- developer exemption certificate advice;
- Queensland conveyancing;
- AFAD and transaction structuring coordination;
- post-settlement registration and compliance guidance; and
- remote assistance for overseas clients.
Contact Ensure Legal before signing a Queensland property contract.
Disclaimer: This article provides general information only and does not constitute legal, taxation, financial or migration advice. Foreign investment and Queensland property rules depend on the buyer, ownership structure, property, transaction date and applicable government policy. Obtain advice about your specific circumstances before signing a contract.
Our FIRB and foreign investment lawyers can assess approval requirements before you commit to a Queensland property purchase.
