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ARTICLE · 24 JULY 2015

Changes to Foreign Investment Review Board approvals for off-the-plan developments

Developers may be able to take advantage of the present regime, by applying for FIRB approval before these new changes.

AustraliaReal Estate and Construction

Introduction

On 2 May 2015, the Australian government announced a series of changes to the foreign investment framework (see our Foreign Investment Update), including changes to the approval regime for off-the-plan developments and the introduction of significant application fees for advanced off-the-plan certificates from 1 December 2015.

Australian and overseas developers should consider whether they can take advantage of the present regime by applying for FIRB approval before the changes come into force.

Application fees applicable from 1 December 2015

Currently, property developers can apply for an advanced off-the-plan certificate (AOP Certificate) to sell new apartments in large developments (of 100 lots or more) to foreign investors, saving the foreign investor from having to obtain an individual approval. AOP Certificates are granted on condition that the developer must market the lots in the development both in Australia and overseas.

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