Checklist · Residential Conveyancing & Property
Residential land foreign-investment screen before exchange
A screen, from the Foreign Investment Review Board residential pages, for whether a buyer notifies the Australian Taxation Office before acquiring residential land and whether an exemption on those pages applies.
- Kind
- Checklist. Steps or checks to work through and tick off.
- Where it applies
- Australia
- AI use
- Yellow You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the 2 authorities it cites, for Australia.
- Version
- 1
- Source
- Written for this library
When to use it
Use before exchange of a residential property where any buyer may be a foreign person. It records the questions on the pages that were opened. It does not apply the exceptions that sit only inside Guidance Note 6.
Used for these tasks
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
AI may compare the buyer to the exemption table on the residential real estate page and record the dwelling type; the lawyer decides whether an application is required and whether an established-dwelling exception applies.
AI may
- Enter citizenship, visa and spouse details the client has provided against the exemption table
- Record whether the land is vacant, a new dwelling, or an established dwelling
- Diary a register notification on a purchase or a sale
AI must not
- Must not treat the established-dwelling prohibition as having no exceptions
- Must not lodge an application or give foreign-investment advice as if this screen were the application
- Must not state a fee, a vacancy-fee amount, or a condition that is not on the pages opened
The lawyer checks
- Each buyer is checked against the exemption table, including a joint tenant buying with an Australian citizen, permanent resident, or eligible New Zealand citizen spouse
- The Guidance Note 6 PDF is read before anyone relies on an exception to the established-dwelling prohibition
- Vacant residential land is not contracted on the assumption that the four-year build condition will be waived
- The Register of Foreign Ownership of Australian Assets is notified on a purchase or a sale, using the Australian Taxation Office service the page names
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
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More in Residential Conveyancing & Property
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- Transfer of land: registry forms and completion guide (NSW 01T, with Vic, Qld, WA and SA versions)
- Purchase-contract due diligence checklist (United States)
- Victorian foreign purchaser additional duty worksheet
- Caveat against dealings: registry forms and completion guide (NSW 08X, with Vic, Qld, WA and SA versions)
- FIRPTA withholding file note (United States)
- Victorian section 32 vendor statement (official guidance and completion guide)
- Discharge of mortgage: registry forms and settlement guide (NSW 05DM, with Vic, Qld, WA and SA versions)
- Queensland body corporate certificate and community management statement before contract
- Queensland seller disclosure statement (Form 2) and prescribed certificates: completion guide
- Title commitment and closing-document check (United States)
- Section 66W certificate (waiver or shortening of the cooling-off period) with explanatory note and file note (NSW)
- Notice of sale (NSW) and property transfer information (Qld Form 24): what the registry needs with a transfer
- Queensland seller disclosure steps before the buyer signs
- Buyer issues report on a purchase contract (United States)
- Letter of advice to a residential purchaser on the contract and searches before exchange (NSW)
- Victorian off-the-plan buyer checklist from Consumer Affairs Victoria
- Verification of identity and payment-redirection (deepfake) fraud checklist for conveyancing
- Client notice: how we use AI in your conveyancing matter
All precedents for Residential Conveyancing & Property · Tasks and AI use in this area