Who Needs FIRB Approval for Commercial Property?
The Foreign Investment Review Board requires approval for many foreign acquisitions of commercial real estate in Australia that exceed certain value thresholds. This includes foreign corporations, foreign government investors, and entities where foreign persons hold substantial interests. The rules apply differently depending on your investor category and the type of commercial property involved.
Foreign corporations must obtain approval before acquiring an interest in Australian commercial land if the value exceeds the applicable thresholds (such as the $330 million threshold for non-sensitive land). A $0 threshold applies to sensitive land and foreign government investors. This includes direct purchases, acquisitions through trusts, and taking security interests over commercial property. The FIRB approval cost and process varies based on the transaction value and complexity.
How We Handle Your Commercial Property FIRB Application
Our process begins with a detailed assessment of your transaction. We review your corporate structure, identify the relevant foreign investment categories, and determine the applicable screening thresholds. This initial analysis ensures we lodge your application correctly the first time.
We then prepare comprehensive application materials. For commercial property acquisitions, this includes details of the property, the purchase price, your investment intentions, and information about your corporate ownership structure. Foreign government investors face additional requirements, and we address these in your submission.
Once lodged, the FIRB has statutory timeframes to assess your application. Standard commercial property applications typically receive decisions within 30 days, though complex matters may take longer. We monitor your application, respond to any FIRB queries, and keep you informed of progress.
Fixed Fee Commercial Property FIRB Applications
We offer fixed fee pricing for commercial property FIRB applications. You know the cost upfront before we commence work. Our fees cover the full application process including preparation, lodgement, FIRB correspondence, and obtaining your approval. Government application fees are payable separately to the FIRB.
This approach suits foreign corporations and investors who want cost certainty. There are no hourly rates or unexpected invoices. Complex transactions involving multiple properties or unusual structures may require a custom quote, which we provide after reviewing your specific circumstances.
Commercial Property Law Support Beyond FIRB
As part of Sutton Laurence King Lawyers, we offer broader commercial property law support for foreign investors. This includes contract review, due diligence coordination, and settlement assistance. Many clients engage us for both FIRB approval and the underlying property transaction.
