FIRB Eligibility Assessment & Breach Legal Advice

Know your foreign investment status before you buy. Fix compliance issues if things go wrong.

Foreign Investment Compliance Advice You Can Rely On

The Foreign Investment Review Board has strict rules about who can purchase Australian property and under what conditions. Getting this wrong carries serious consequences, including forced sale orders and substantial financial penalties. Our FIRB lawyers provide clear eligibility assessments before you commit to a purchase and practical solutions when compliance issues arise.

Whether you need a foreign investment eligibility assessment for a planned acquisition in Sydney, Melbourne, Brisbane, or Perth, or you require FIRB breach legal advice for an existing situation, we deliver fixed fee services with straightforward pricing. We work with temporary visa holders, overseas investors, foreign corporations, and property developers across Australia to resolve complex FIRB matters efficiently.

Unsure About Your FIRB Eligibility?

Get a clear assessment before you sign any contracts.

How We Help Foreign Investors

From pre-purchase checks to resolving compliance problems

Solicitor reviewing property contract for FIRB eligibility

FIRB Eligibility Assessment

Before you make an offer on Australian property, you need to know your obligations under foreign investment law. We review your visa status, residency history, corporate structure, and the type of property you want to purchase. You receive a written assessment confirming whether FIRB approval is required, what conditions may apply, and any exemptions available to you. This prevents costly mistakes and contract delays.

Variation of Conditions Requests

FIRB approvals often include specific conditions about property use, development timelines, or occupancy requirements. Circumstances change. Construction delays occur. Plans evolve. We prepare and lodge variation requests with the Foreign Investment Review Board when you need to modify existing approval conditions. Our lawyers handle the documentation, correspondence with Treasury, and follow up until your variation is granted.

Legal consultation for FIRB breach advice

FIRB Breach Help & Penalty Mitigation

If you have purchased property without required approval, failed to meet approval conditions, or received correspondence from the ATO compliance team, immediate action is critical. We provide FIRB breach legal advice and prepare retrospective approval applications where possible. Our lawyers work to achieve penalty mitigation outcomes and resolve compliance reporting obligations. Early intervention significantly improves results.

Understanding FIRB Compliance Requirements

Who Needs FIRB Approval?

The Foreign Investment Review Board regulates property purchases by foreign persons in Australia. This includes temporary visa holders, non-residents living overseas, and foreign corporations. The rules differ based on your residency status, the property type, and the purchase price. Residential land acquisition has different thresholds than commercial property foreign investment or agricultural land purchases.

Many buyers assume they are exempt when they are not. Australian citizens living overseas may still qualify as foreign persons if they have been non-resident for extended periods. Companies with foreign shareholders above certain thresholds require approval regardless of where the company is registered. Trusts with foreign beneficiaries face additional scrutiny.

The Consequences of Non-Compliance

FIRB compliance is not optional. The Australian Taxation Office actively monitors property transactions and cross-references foreign investment data. Penalties for breaches include civil penalties up to $3.15 million for individuals and $15.75 million for corporations. Criminal prosecution remains possible for serious or deliberate breaches. The ATO can also issue disposal orders requiring forced sale of properties acquired in breach of the rules.

Beyond financial penalties, non-compliance creates ongoing problems. Properties purchased without approval cannot be legally held. Future visa applications may be affected. Corporate transactions involving the property become complicated. These issues compound over time.

Retrospective Approval Applications

If you discover a FIRB breach after purchase, retrospective approval may be available. This process requires full disclosure of the circumstances, payment of application fees, and often additional compliance undertakings. The outcome depends on factors including the nature of the breach, how it was discovered, and your cooperation with authorities. We prepare these applications to present your situation in the most favourable light while meeting all disclosure obligations.

Our Fixed Fee Approach

FIRB eligibility assessments and breach advice should not come with unpredictable legal bills. We provide fixed fee FIRB application services and compliance advice so you know the cost before we begin. This applies to eligibility checks, variation requests, and retrospective approval applications. Complex matters requiring extended negotiation with Treasury are quoted separately after initial assessment.

As part of Sutton Laurence King Lawyers, we bring property law experience to every FIRB matter. Our clients include temporary residents buying homes in Sydney and Melbourne, overseas investors acquiring commercial property, developers seeking exemption certificates, and migration agents referring clients who need foreign investor legal advice. We handle matters across all Australian states and territories.

Facing a FIRB Compliance Issue?

Early action improves outcomes. Speak with our lawyers today.

Why Choose FIRBLawyer.com.au

Clear advice, fixed fees, practical solutions

Protect Your Investment

Avoid forced sales and penalties by confirming eligibility before purchase or resolving breaches promptly.

Fixed Fee Pricing

Know exactly what your FIRB eligibility assessment or breach advice will cost before we start work.

Fast Turnaround

We understand property transactions move quickly. Eligibility assessments completed within days, not weeks.

National Coverage

We handle FIRB matters for properties anywhere in Australia, from capital cities to regional areas.

Direct Communication

Your matter is handled by qualified lawyers who respond promptly to your questions and updates.

Property Law Focus

Part of Sutton Laurence King Lawyers, a boutique firm focused exclusively on property transactions.

Common Questions About FIRB Eligibility & Compliance

You likely need FIRB approval if you hold a temporary visa, live overseas as a non-resident, or are purchasing through a foreign corporation or trust. Australian permanent residents and citizens living in Australia generally do not need approval. The rules have exceptions and thresholds that vary by property type and value. An eligibility assessment from a FIRB lawyer confirms your specific obligations before you commit to a purchase.

Purchasing Australian property without required Foreign Investment Review Board approval is a breach of foreign investment law. Consequences can include civil penalties, criminal prosecution, and forced disposal orders. However, retrospective approval applications are possible in many cases. The outcome depends on the circumstances of the breach and how quickly you take corrective action. Contact us immediately if you suspect a compliance issue.

We provide fixed fee FIRB eligibility assessments so you know the cost upfront. The fee depends on the complexity of your situation, including your residency status, corporate structures involved, and property type. Simple assessments for individual temporary visa holders are priced differently than complex corporate acquisition reviews. Contact us with your details for a specific quote.

Yes, variation of conditions requests can be lodged with the Foreign Investment Review Board when circumstances change. Common variations involve extending development timelines, changing occupancy requirements, or modifying approved uses. We prepare these applications with supporting documentation and handle all correspondence with Treasury until the variation is granted or alternative arrangements are negotiated.

Retrospective approval applications involve government application fees plus legal fees for preparation. Government fees are the same as standard applications but additional compliance undertakings may be required. Legal fees depend on the complexity of the breach and documentation required. We provide a fixed fee quote after reviewing your situation. Acting quickly typically reduces both costs and penalties.

We complete most eligibility assessments within 2 to 5 business days after receiving your information. Complex situations involving corporate structures, multiple properties, or unusual visa circumstances may take longer. If you have an urgent contract deadline, let us know and we will prioritise your assessment accordingly.

Get Clear FIRB Legal Advice Today

Whether you need an eligibility check before buying or help with a compliance issue, our FIRB lawyers are ready to assist.