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On 16 February the Australian Government announced that from 1 April 2025, a ban will be in place for an initial period of 2 years (1 April 2025 to 31 March 2027), preventing foreign persons from applying to buy established dwellings in Australia, unless an exception applies.

The limited exceptions will include investments that significantly increase housing supply or support the availability of housing supply, and for the Pacific Australia Labour Mobility (PALM) scheme.

Other existing exceptions remain in place, such as for purchases by:

• • permanent residents
  • New Zealand citizens
  • spouses of Australian citizens, permanent residents or New Zealand citizens (when purchased as joint tenants).

A review will be undertaken to determine if the ban should be extended beyond 31 March 2027.

The Government also announced that it would increase funding to the Australian Taxation Office’s (ATO) foreign investment compliance team to enforce the ban and enhance screening of foreign investment proposals relating to residential property.

Further to the ban on preventing foreign persons from apply to buy established dwellings in Australia, the Government announced that it would crack down on land banking by foreign investors. The Government intends to do this by targeting foreign investors who have already received approval to acquire established dwellings but have not taken steps to comply with the development conditions imposed as part of their FIRB approval.

Australian citizens seeking to buy and hold property for foreign persons should reconsider these types of arrangements as they are inherently risky.

Most states and territories in Australia require now require buyers to make declarations about whether they are buying the land for their own purposes or on trust for another person.

A buyer who makes a false declaration and does not disclose they are acquiring and holding a property on trust for a foreign person may commit an offence.

If you would like to find out more or discuss your individual requirements about buying land in Australia, please contact our property and settlements team.