FIRB Lawyer for Established Dwelling Purchases

Fixed fee FIRB applications for temporary residents buying existing homes across Australia

Foreign Investor Property Law for Established Homes

Buying an established dwelling in Australia as a foreign investor requires Foreign Investment Review Board approval before you can proceed with your purchase. The rules differ significantly from buying new property, and temporary residents face specific conditions that must be met.

At FIRBLawyer.com.au, we handle FIRB applications for established property purchases across Sydney, Melbourne, Brisbane, Perth, Adelaide, and regional Australia. Our fixed fee FIRB application service covers the entire approval process, from initial eligibility assessment through to receiving your decision from the Foreign Investment Review Board. We work with temporary visa holders, their migration agents, and real estate agents to secure approvals within tight settlement timeframes.

As part of Sutton Laurence King Lawyers, a boutique property law firm, we understand the practical realities of residential land acquisition for foreign buyers. Your FIRB approval cost is quoted upfront with no hidden charges.

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How We Handle Your FIRB Established Dwelling Purchase

A clear process from visa check to approval

Checking temporary resident visa status for FIRB

Visa Eligibility Assessment

Not all temporary visas qualify for established dwelling purchases. We review your visa subclass, remaining validity, and residency status to confirm you meet the Foreign Investment Review Board requirements. Student visa holders, 457/482 workers, and other temporary residents each have different rules. We identify any issues before you commit to a property.

Temporary residents moving into established home

FIRB Application Lodgement

We prepare and submit your FIRB application for established property to the Foreign Investment Review Board. This includes calculating the correct application fee, gathering supporting documents, and drafting submissions that address the specific criteria for temporary resident purchases. Most applications receive a decision within 30 days.

Lawyer submitting FIRB application established property

Approval and Settlement Coordination

Once your FIRB approval arrives, we provide the documentation your conveyancer needs for settlement. The approval includes conditions you must follow, including the requirement to sell if your visa ends. We explain these obligations clearly so you understand your ongoing responsibilities as a foreign owner.

Understanding FIRB Rules for Established Dwellings

Who Can Buy an Established Home in Australia?

The Foreign Investment Review Board restricts established dwelling purchases to temporary residents who will use the property as their primary residence. This is different from new dwellings, which any foreign investor can purchase as an investment.

To qualify as a temporary resident buyer, you must hold a valid temporary visa that permits you to stay in Australia for more than 12 months. Common qualifying visas include student visas, Temporary Skill Shortage visas (subclass 482), and various other work visas. Tourist visas and Electronic Travel Authorities do not qualify.

The Primary Residence Requirement

When the Foreign Investment Review Board approves a temporary resident to buy an established house or apartment, the approval comes with strict conditions. You must use the property as your home. You cannot rent it out, even partially. If you stop living there or your visa expires, you must sell the property.

This requirement exists because the Australian government wants to ensure established housing stock remains available for Australian residents. New construction increases housing supply, which is why foreign investors face fewer restrictions on off-the-plan and newly built properties.

FIRB Application Process for Established Property

Your FIRB application for an established dwelling requires several key pieces of information. We need details about the property you want to purchase, including the address, purchase price, and property type. We also need your visa details, passport information, and evidence of your intention to live in the property.

The Foreign Investment Review Board charges an application fee based on the property value. For most residential purchases, this fee ranges from $14,100 to $28,200 for properties under $2 million. Higher value properties attract larger fees.

Processing times typically run 30 days for straightforward applications. Complex cases or incomplete applications take longer. We structure your application to avoid common delays and respond promptly to any requests for additional information.

What Happens After Approval?

Your FIRB approval letter contains conditions specific to your purchase. Standard conditions for temporary resident established dwelling purchases include:

You must use the property as your principal place of residence
You cannot rent out the property or any part of it
You must sell the property within a set period if you leave Australia or your visa expires
You must notify the Foreign Investment Review Board of certain changes

Breaching these conditions can result in civil penalties, forced sale orders, and criminal charges in serious cases. We ensure you understand exactly what your approval requires.

Working With Your Other Advisers

FIRB approval is one part of your property purchase. You will also need a conveyancer or property solicitor to handle the legal transfer, and potentially a mortgage broker if you are financing the purchase. We coordinate with your other advisers to ensure the FIRB approval aligns with your contract conditions and settlement timeline.

Many of our clients come through referrals from migration agents and real estate agents who work regularly with foreign buyers. We provide clear communication and fast turnaround to support these professional relationships.

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Why Choose FIRBLawyer.com.au

Practical benefits for temporary residents buying established property

Fixed Fee FIRB Application

Know your FIRB approval cost upfront. No hourly billing surprises or hidden charges. One clear price covers your entire application.

Fast Turnaround Times

We prepare applications quickly to meet your contract deadlines. Most applications are lodged within days of receiving your documents.

Australia-Wide Service

Buy established property anywhere in Australia. We handle FIRB applications for Sydney, Melbourne, Brisbane, Perth, Adelaide, and all regional areas.

Clear Communication

We explain the process in plain English. You will understand your obligations and what to expect at each stage.

Property Law Background

Part of Sutton Laurence King Lawyers, a boutique property law firm. We understand how FIRB fits into your broader property purchase.

Agent Referral Support

We work closely with migration agents and real estate agents. Quick responses and professional service for your referred clients.

Common Questions About Buying Established Property

Only if you are a temporary resident who will live in the property. The Foreign Investment Review Board does not approve established dwelling purchases for overseas investors who want to rent out the property or leave it vacant. You must hold a qualifying temporary visa and use the home as your primary residence.

The Foreign Investment Review Board charges application fees based on property value. For properties under $1 million, the fee is $14,100. Properties between $1 million and $2 million attract a $28,200 fee. Our legal fees for preparing and lodging your application are quoted separately as a fixed fee.

Standard processing time is 30 days from lodgement. However, incomplete applications or complex circumstances can extend this timeframe. We prepare thorough applications to minimise delays and can request priority processing in urgent situations.

Your FIRB approval conditions require you to sell the property within a specified period after your visa ends. If you obtain a new temporary visa or permanent residency, different rules apply. We can advise on your specific situation based on your visa pathway.

No. The standard FIRB conditions prohibit renting out any part of an established dwelling purchased by a temporary resident. This includes short-term rentals, boarders, and Airbnb arrangements. Breaching this condition can result in penalties and forced sale.

It depends on the ownership structure and your visa status. Joint purchases with Australian citizens or permanent residents may still require FIRB approval for your share. We assess each situation individually and advise whether an application is needed.

Temporary residents cannot purchase established dwellings as investments. However, you can buy new dwellings, off-the-plan apartments, or vacant land for development as investment properties. These purchases also require FIRB approval but face different conditions.

Generally no. Foreign investors who are not temporary residents cannot purchase established dwellings in Australia, even for family members. Your parents could potentially purchase a new dwelling or off-the-plan property instead. We can discuss alternative arrangements.

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