How to Apply: Residential Real Estate

Please note that new streamlined application forms have been introduced for acquisitions of residential real estate which meet the eligibility criteria. Applications submitted on the previous forms (e.g. R3, C1 and/or Form 3 Notice under section 26A) are no longer valid.

Your application must clearly identify the property being purchased, as well as all foreign person(s) – including individuals, companies and/or trusts – who are seeking approval (do not include any purchasers who do not require approval, such as New Zealand citizens). You cannot obtain ‘in principle’ approval prior to identifying the property you wish to purchase.

The Government is committed to switching to electronic processing of applications wherever possible, in order to improve the services it provides (by reducing unnecessary delays) as well as to help the environment (by reducing the use of paper).  In line with this strategy, and in accordance with the Assistant Treasurer's announcement on 18 December 2008 to streamline the administrative processes for residential real estate acquisitions which meet the eligibility criteria, the decision advice for such applications (usually an 'approval' or 'conditional approval') will be sent via email where an email address has been provided.  Such emails represent official advice of the Government's decision under the Foreign Acquisitions and Takeovers Act 1975.

If you do not want the decision advice to be sent via email, please clearly indicate this in the covering email or fax enclosing your application.  Please note that decision advices sent by ordinary post will look the same as email advices (that is, they will not include Government letterhead or a signature) but may take considerably longer to receive.

If you meet the eligibility criteria:

Have you already purchased the property without prior approval? (This includes if you have an unconditional contract.)

• If no, choose one of the following application forms (it includes the relevant statutory notice, as well as the relevant Declaration):

	purchasing in individual name(s)	purchasing in the name of a company or trust
single block of vacant land to build a house	PDF (240KB)	PDF (238KB)
vacant land to build multiple dwellings	PDF (196KB)	PDF (252KB)
new dwelling	PDF (238KB)	PDF (250KB)
redevelopment	PDF (186KB)	PDF (252KB)
established (second hand) dwelling	PDF (251KB)	PDF (252KB)

• If yes, choose one of the following application forms (it includes the relevant retrospective application, as well as the relevant Declaration):

	purchasing in individual name(s)	purchasing in the name of a company or trust
single block of vacant land to build a house	PDF (231KB)	PDF (246KB)
vacant land to build multiple dwellings	PDF (232KB)	PDF (246KB)
new dwelling	PDF (230KB)	PDF (245KB)
redevelopment	PDF (232KB)	PDF (233KB)
established (second hand) dwelling	PDF (171KB)	PDF (189KB)

You are not required to attach any other documents to your application.

If you do not meet the eligibility criteria:

If you are not eligible for approval under the policy, then the acquisition is generally considered to be contrary to the national interest and will not normally be approved.  On rare occasions, applications that are not eligible under the policy may be approved if there are extenuating circumstances.

Have you already purchased the property without prior approval?  (This includes if you already have an unconditional contract.)

• If no, choose one of the following application forms:

  • Form 4 – Notice under section 26A — if you are purchasing the property in individual name(s); or

  • Form 5 – Notice under section 26A — if you are purchasing the property in the name of a company or trust.

• If yes, choose one of the following application forms:

  • Retrospective Application form – individual(s) — if you have already purchased the property in individual name(s) without prior approval; or

  • Retrospective Application form – company/trust — if you have already purchased the property in the name of a company or trust without prior approval.

You cannot submit a Declaration if you do not meet the eligibility criteria.  In addition to the relevant statutory notice or retrospective application form above, your application must include:

• a cover letter explaining the situation; and

• a copy of the contract/agreement showing that it is conditional on foreign investment approval.

Additional documentation may be requested during the examination process.

These applications are complex in nature and may take up to 30 days to process.

If you are acquiring a property for redevelopment but you will not be increasing the number of dwellings, you must also provide evidence that the dwelling(s) are uninhabitable and must be demolished (refer to the policy – paragraph 32).

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