---
title: "Residential land foreign-investment screen before exchange"
url: "https://ailawframework.com/precedents/residential-conveyancing-and-property/residential-foreign-investment-screen"
type: "precedent"
site: "AI Law Framework"
id: "a9-residential-foreign-investment-screen"
area_id: "A9"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A9-T1-R6"]
law_stated_as_at: "2026-10-22"
---

# 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.

Canonical page: https://ailawframework.com/precedents/residential-conveyancing-and-property/residential-foreign-investment-screen  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Residential Conveyancing & Property](https://ailawframework.com/precedents/residential-conveyancing-and-property.md)
- Jurisdictions: Australia
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 2 authorities it cites, for Australia.

## 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

- [Screen the buyer for foreign-investment or overseas-ownership consent](https://ailawframework.com/practice/residential-conveyancing-and-property/screen-the-buyer-for-foreign-investment-or-overseas-ownership-consent.md)

## 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

## Authorities

- [Foreign Investment Review Board, Residential real estate: who does not need an application, and lodgement through the Australian Taxation Office](https://foreigninvestment.gov.au/getting-started/investment-information/residential)
- [Foreign Investment Review Board, Residential land (Guidance Note 6 overview, last updated 1 July 2026): new dwellings, the established-dwelling period, the register, and the vacancy fee](https://foreigninvestment.gov.au/guidance/types-investments/residential-land)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/residential-conveyancing-and-property/residential-foreign-investment-screen and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*