Buying property in Victoria on a visa or from overseas.
If you are not yet an Australian citizen or permanent resident, extra rules can apply to what you can buy, the approvals you need and the duty you pay. We check where you stand before you sign.
Ask us about your purchase
Meet online, or in person at our office (by prior appointment). We usually reply within one business day.
Buying on a visa: the short answer
Foreign persons, which includes most temporary visa holders, are currently banned from buying established homes in Australia, and generally need foreign investment approval to buy a new home, an off-the-plan property or vacant land. Victoria also charges foreign purchaser additional duty on residential property. Asher Freeman Lawyers checks your status, makes sure the contract protects you and handles the conveyancing for a fixed fee.
The rules that can affect your purchase
Foreign investment approval
If you are a foreign person under the foreign investment rules, you generally need approval before buying residential property. We help you check whether it applies.
Established homes
Foreign persons are currently banned from buying established homes, with limited exceptions. Buying a home that is not allowed can lead to serious penalties.
New homes, off the plan and land
Temporary residents can apply for approval to buy a new dwelling, an off-the-plan property or vacant land, usually with conditions.
Foreign purchaser additional duty
Victoria charges an additional 8% duty on residential property bought by foreign purchasers, on top of ordinary duty.
First home buyer help
Duty savings and grants have residency requirements. Buying with a partner who is a foreign purchaser can change what you receive.
A contract that protects you
We make the contract conditional on any approval you need, so you are not locked in if approval is refused.
Before you make an offer
Check your status first
Whether you are a foreign person depends on your citizenship, visa and residence. Getting this right comes before choosing a property.
Allow time for approval
Foreign investment applications take time and carry fees. Build that time into the contract and settlement dates.
Budget for duty
Foreign purchaser additional duty can add a large amount to your costs. Include it in your budget and loan planning.
Three simple steps
Meet with us online, or in person at our Chadstone office (by prior appointment).
Tell us your situation
Your visa or residency status, the property type and whether you are buying with anyone else.
We check the rules
We confirm whether approval or extra duty applies, and what the contract needs to say.
We handle the purchase
We review the contract, manage the approval timing and complete settlement through PEXA.
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Buying on a visa: frequently asked questions
Can I buy an established home on a temporary visa?
Generally not at the moment. The Australian Government has banned foreign persons from buying established dwellings from 1 April 2025, and the ATO says the ban now runs until 30 June 2029. Limited exceptions apply, so ask us before ruling anything in or out.
Can I buy a new home or off the plan?
Temporary residents can apply for foreign investment approval to buy a new dwelling or vacant land. Approval is generally needed before you are bound, so the contract should be made conditional on it.
How much extra duty will I pay as a foreign buyer?
Victoria charges foreign purchaser additional duty of 8% of the dutiable value of residential property, on top of ordinary duty. Whether it applies depends on your status, so we check before you sign.
Can I get first home buyer help on a visa?
Victorian first home buyer duty savings and grants have residency requirements, and special rules can apply when you buy with a foreign purchaser. We check eligibility with you before you rely on any saving.
I have just become a permanent resident. Do these rules still apply?
Permanent residents are generally treated differently from temporary visa holders, but your exact status on the contract and settlement dates matters. Tell us your visa details and we will confirm.
Sources: ATO: ban on foreign purchases of established dwellings · ATO: types of property a foreign person can buy · SRO: foreign purchaser additional duty · SRO: help to buy a property. Last reviewed October 2026. This page provides general information only and is not legal advice. Contact us for advice about your situation.
On a visa and looking to buy?
Tell us your visa status and the property you are considering, and we will explain the rules that apply before you sign.
Check my situation Call (03) 8657 4994