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20 March 2025

The Foreign Investor’s Guide to Buying in the Capital: What You Can and Can’t Do

Australia has long been attractive to foreign investors, and Canberra — with its stable government presence, growing population, and high-quality lifestyle — is an increasingly popular choice. But before you start planning that purchase in Kingston Foreshore or Googong, it’s important to understand what foreign buyers can actually do in the ACT… and what they can’t.

This guide breaks it down clearly, with a focus on what matters in Canberra’s unique property market.


What You Can Do as a Foreign Investor

1. Buy new dwellings or off-the-plan property

Foreign investors are generally allowed to purchase newly built properties or those under construction, provided they haven’t been previously lived in.

This includes:

  • Off-the-plan apartments and townhouses
  • Newly built homes
  • Redeveloped properties where the original dwelling has been knocked down and replaced (but not if just renovated)

Why it matters in Canberra: The ACT has seen a surge in high-quality apartment and townhouse developments — especially in Gungahlin, Belconnen, and the Inner South. These areas are prime spots for new dwellings that meet foreign investment rules.


2. Apply to buy vacant land for development

Foreign buyers can buy vacant land if they intend to build a new dwelling on it. But there’s a catch — you usually must begin construction within four years.

Top tip: Suburb developments like Whitlam, Denman Prospect, and Jacka may have land release opportunities, but competition is fierce, and government land ballots may restrict foreign participation.


3. Buy as a temporary resident

If you hold a temporary visa (like a student visa or temporary work visa), you can apply to buy one established dwelling to live in while you’re in Australia. However, you must sell it when you leave.

This allows temporary residents to live in a house or unit rather than rent, but only if:

  • It’s your primary residence
  • You apply through the Foreign Investment Review Board (FIRB)
  • You sell the property if it’s no longer your main home

4. Buy through a foreign-controlled Australian company

Some high-net-worth individuals structure their purchases through companies or trusts. If these entities are controlled by foreign interests, they must also seek FIRB approval.

This can be a useful strategy — but it’s complex, and you’ll need expert legal and accounting advice.


5. Access specialist legal guidance in Canberra

Foreign investment in property isn’t just about FIRB approval — it also touches land tax, stamp duty, compliance, and resale restrictions.

Working with a Canberra-based lawyer means you get:

  • Local knowledge of ACT property laws
  • Relationships with agents and developers
  • Access to migration lawyers if property is part of a visa strategy

What You Can’t Do as a Foreign Investor

1. Buy established homes for investment

This is one of the biggest misconceptions. Foreign investors can’t buy second-hand or previously lived-in homes just to rent them out.

Example: That cute heritage house in Ainslie? Unless you’re a temporary resident living in it, it’s off-limits.


2. Avoid FIRB approval

Almost all foreign buyers must seek prior approval from the Foreign Investment Review Board before purchasing property in Australia.

Failing to get approval could result in:

  • Forced sale of the property
  • Significant financial penalties

Cost tip: As of 2025, FIRB application fees start at $14,100 for property purchases under $1 million, and increase with value.


3. Skip stamp duty or surcharge obligations

The ACT doesn’t currently impose a foreign buyer surcharge like some other states, but stamp duty is still payable — and rules can change. A good solicitor will help you budget correctly and advise if any exemptions apply.


4. Ignore the impact of land rent schemes or leasehold

All land in the ACT is leasehold — which means you’re technically buying a 99-year lease from the government rather than freehold title.

Why it matters: This isn’t a deal-breaker, but it does mean your contract will look different from interstate purchases, and you’ll want a local lawyer who understands how ACT leasehold and land rent schemes work.


5. Rely on your home country’s laws

Australian property law is unique — and ACT law is different again. Don’t assume things will work like they do in Singapore, Hong Kong, or the UK.

Your purchase in Canberra will involve:

  • Local real estate agents
  • ACT government stamp duty and compliance checks
  • FIRB approval from the federal government
  • A property lawyer (notary or conveyancer won’t do here)

Key Steps to a Smooth Purchase

Here’s a simplified checklist if you’re a foreign investor looking to buy in Canberra:

  1. Confirm your visa/residency status
  2. Identify the type of property you’re legally allowed to buy
  3. Secure FIRB approval before signing a contract
  4. Work with a Canberra-based solicitor to review contracts
  5. Understand leasehold title and ACT-specific terms
  6. Ensure your finance is in place — especially if dealing internationally
  7. Don’t settle without final compliance checks

In Summary: Doable, but not DIY

Buying property in Canberra as a foreigner is definitely possible — and with strong population growth, rental demand, and long-term value, it can be a smart move. But it’s not something you want to attempt solo or based on hearsay from Reddit or WhatsApp groups.

Work with professionals. Ask questions. And understand the rules — because Canberra isn’t Sydney, and ACT laws are their own beast.

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