As a foreigner, you may be wondering if you are able to purchase commercial property in Australia. The answer is yes, but there are certain restrictions and requirements that you will need to be aware of.
First and foremost, it is important to understand that all foreign investors, including individuals and corporations, must seek approval from the Foreign Investment Review Board (FIRB) before purchasing any type of property in Australia. This includes commercial property, as well as residential and agricultural land.
Exceptions to the FIRB approval requirement
There are a few exceptions to this rule, however. For example, if you are a New Zealand citizen, you are generally allowed to purchase property in Australia without seeking FIRB approval. Additionally, if you hold a temporary visa and you are planning to purchase a property to live in while you are in Australia, you may also be exempt from the FIRB approval process.
Types of commercial properties available for purchase
If you do need to seek FIRB approval, there are a few different types of commercial properties that you may be able to purchase. For example, you may be able to purchase:
- Retail shops and shopping centers
- Office buildings and business parks
- Industrial properties, such as warehouses and factories
- Hotels and other tourism-related properties
Restrictions on commercial property purchases for foreign investors
There are some restrictions on the type of commercial property that foreign investors can purchase. For example, you may not be able to purchase:
Property that is considered to be “sensitive” or “national security” land, such as defense sites and certain infrastructure projects
Property that is located in certain designated areas, such as certain areas of the Great Barrier Reef
Property that is considered to be of “heritage significance,” such as properties that are listed on the National Heritage List or the Commonwealth Heritage List
Rules and requirements for specific types of commercial property
It is also worth noting that there are different rules and requirements depending on the type of commercial property that you are interested in purchasing. For example, if you are interested in purchasing a hotel, there are specific rules that you will need to follow in order to be approved by the FIRB.
Applying for FIRB approval
In order to apply for FIRB approval, you will need to complete an application form and provide certain supporting documents, such as proof of your identity and your financial situation. You will also need to pay a fee, which is currently set at $2,100 for individuals and $10,500 for corporations.
Once you have applied for FIRB approval, the process can take anywhere from a few weeks to several months, depending on the complexity of your application. If your application is approved, you will receive a letter of approval from the FIRB, which you will need to present to your lawyer or conveyancer when you are ready to purchase the property.
Other laws and regulations to consider
It is important to note that even if you are approved to purchase commercial property in Australia, you will still need to comply with other laws and regulations, such as zoning laws and building codes. You will also need to pay taxes on your property, including stamp duty and land tax.
Seeking legal advice
In summary, as a foreigner, you can purchase commercial property in Australia, but you will need to seek approval from the FIRB and comply with other laws and regulations. It is a good idea to seek the advice of a lawyer or conveyancer to ensure that you are complying with all relevant laws and requirements.