Buying a home: overseas buyer rules and first-home support
Before you buy a home in New Zealand, check your status. New Zealand citizens, and residents who are 'ordinarily resident', can buy without permission. If you hold a residence class visa but are not yet ordinarily resident, you must first get approval (consent) from Toitū Te Whenua LINZ, and you can buy only one home to live in. People on temporary visas, such as student, work or visitor visas, generally cannot buy. This guide also covers KiwiSaver first-home withdrawals, the bright-line rule when you sell, and LIM reports.
Key facts
- Who can buy without applying
- New Zealand citizens (whether or not they live in New Zealand); people who hold a New Zealand residence class visa and are ordinarily resident; Australian or Singaporean citizens buying residential or lifestyle land. It is enough if you, your spouse or your partner meets one of these.1
- The 3 conditions for being ordinarily resident
- You hold a residence class visa; you have lived in New Zealand for at least the last 12 months, counting back from the day you sign the agreement to buy; and you are a New Zealand tax resident, having spent more than 183 days in New Zealand in the past 12 months.1
- Who must get approval before buying
- People who hold a residence class visa but are not yet ordinarily resident can apply for approval (consent) to buy or build one home to live in.1
- Who generally cannot buy
- Overseas people on a temporary, limited, interim or transit visa (for example, a student, work or visitor visa), and overseas people with no visa.1
- Application fee for a home to live in
- NZ$2,040 for ordinary residential land; NZ$16,900 if the land is also other sensitive land (for example, on an island, by the sea or a river, or next to a reserve).1
- Processing time
- Up to 10 working days for ordinary residential land; up to 30 working days if the land is also other sensitive land.1
- Pre-approval
- Valid for 1 year, with no extra fee. If you need approval, you can bid at an auction only if you have pre-approval.1
- Conditions you must meet after approval
- Usually, move in within 3 months after settlement and make it your main home; from the date of approval, spend more than 183 days in New Zealand in every 12 months; and keep holding a residence class visa. The conditions end automatically when you become a citizen or ordinarily resident.1
- Home buying for investor visa holders
- People on an Active Investor Plus, Investor 1 or Investor 2 visa can, with approval, buy a home costing more than NZ$5 million, or buy land and build on it where the land price plus building cost is more than NZ$5 million. The application fee is NZ$2,040 (existing home over NZ$5 million) or NZ$3,500 (other cases).2
- KiwiSaver first-home withdrawal
- You must have been a KiwiSaver member for at least 3 years; you must leave NZ$1,000 in your account; money transferred from an Australian superannuation scheme cannot be withdrawn.3
- Bright-line rule when you sell
- For homes sold on or after 1 July 2024: if less than 2 years pass between the property title being transferred to you (usually the settlement date) and you signing a binding agreement to sell, you must pay tax on the profit (this may not apply to your own home and some other cases).4
- LIM report
- The local council prepares it when you apply. You must pay for it, and it may take a few days.5
Who is this for, and what are the requirements?
- People who want to buy a home to live in in New Zealand, especially new migrants, residence visa holders and their spouses or partners.
- Here, 'residential land' means land listed as residential or lifestyle on the District Valuation Roll. Different rules apply to other types of land.
- People planning to use KiwiSaver to buy their first home.
- Homeowners preparing to sell a home who want to understand the bright-line rule.
How do I do it? Steps and process
- Check whether you can buy
Use the LINZ Homebuyer eligibility tool. Answer a few questions to see if you can buy without applying, need approval, or cannot buy. LINZ also publishes its 'Buying a home in New Zealand' guidance in other languages.
- If you need approval, apply for pre-approval early
LINZ recommends applying for pre-approval first. It is valid for 1 year and has no extra fee. Without a consent number, your lawyer cannot complete the purchase. When you sign the sale and purchase agreement, it must say the purchase depends on getting approval under the Overseas Investment Act. If it does not, you may be fined and told to sell the home.
- Do your checks before you sign
Ask a lawyer or conveyancer to do a title search and check for easements, covenants, mortgages, caveats and similar issues. Apply to the local council for a LIM report, and look at the council's property file.
- Get your money ready: KiwiSaver first-home withdrawal
If you have been in KiwiSaver for 3 years, you can apply to withdraw money for your first home (you must leave NZ$1,000 in the account). Ask your KiwiSaver provider and Kāinga Ora about the process. You can download a PDF of your income and KiwiSaver deductions from myIR to use as evidence.
- Complete a Residential Land Statement
When you are ready to buy, you must fill in a Residential Land Statement to confirm you are allowed to buy. Your lawyer will help you.
- Meet the conditions after you buy with approval
If you needed approval to buy, you usually must move in within 3 months after settlement and make it your main home, and spend more than 183 days in New Zealand in every 12 months. If you do not, you may have to sell and may be fined. In special situations, you can apply to change the conditions (variation) or be excused from them (waiver). A fee applies.
- When you sell later, check the bright-line rule
If you sell a home within the bright-line period and no exception applies, you must fill in the Bright-line property sale information form (IR833) in your tax return and declare the income from the sale. You can use Inland Revenue's Property tax decision tool to check.
What documents do I need?
- Passport and visa (to prove citizenship or residence)
- Overseas Investment Act consent number (if you need approval)
- Residential Land Statement (your lawyer will help)
- Title search and LIM report
- KiwiSaver first-home withdrawal application documents; proof of income and KiwiSaver deductions downloaded from myIR
- Sale and purchase agreement
What should I watch out for?
- If you are married, in a civil union or in a de facto relationship, and one of you meets the rules, you can buy a home as relationship property. It does not matter what visa the other person holds.
- If you buy a home to live in through a trust or company, everyone who owns or controls it must be a New Zealand citizen, ordinarily resident, a residence class visa holder, or an Australian or Singaporean citizen or permanent resident, and all of them must live in the home. The rules are complex, so talk to a lawyer.
- If you bought without approval when you needed it (for example, you got wrong advice or bid at auction without pre-approval), tell LINZ as soon as possible. You can apply for retrospective consent. You may be fined NZ$5,000 (home under NZ$2 million) or NZ$10,000 (NZ$2 million or more).
- Giving false information to Toitū Te Whenua can lead to a fine of up to NZ$300,000.
- If the home is also on other sensitive land (on an island, near a beach, river or lake, next to a reserve, and so on), you need extra approval. The NZ$5 million investor visa option cannot be used for this kind of land.
- The bright-line rule also applies to New Zealand tax residents who buy and sell homes overseas. It does not apply to inherited property. It usually does not apply to your own home if you meet the conditions.
- When an offshore seller (an 'offshore RLWT person') sells a property covered by the bright-line rule, the conveyancer will hold back residential land withholding tax (RLWT), unless the seller has a valid exemption certificate.
- A LIM does not include everything. For example, leaks the council does not know about will not appear on it. Also check the council's property file, and ask your lawyer to review it.
- The RV (rating valuation, previously called GV) shown in property ads is updated every 3 years. Councils use it to calculate rates, and it is often very different from the actual sale price.
- This page only summarises public information. It is not immigration, legal or tax advice. Talk to a lawyer or conveyancer before you buy.
What has changed recently?
- The Overseas Investment (National Interest Test and Other Matters) Amendment Act came into force. Overseas investors on an Active Investor Plus, Investor 1 or Investor 2 visa can apply to buy or build one home worth more than NZ$5 million. Restrictions on other overseas people buying homes still apply.Source: linz.govt.nz ↗
- For homes sold on or after this date, the bright-line period is 2 years (earlier sales follow different periods).Source: ird.govt.nz ↗
Common questions
Can I buy a house in New Zealand on a work visa or work permit?
Generally, no. Overseas people on a temporary visa, such as a work, student or visitor visa, generally cannot buy a home. But if you are married, in a civil union or in a de facto relationship, and your spouse or partner meets the rules, you can buy together as relationship property. Use the LINZ Homebuyer eligibility tool to check your situation.
I just got my resident visa. Can I buy a house straight away, or do I need to apply?
You probably need to apply first. If you hold a residence class visa but are not yet ordinarily resident, you must get approval (consent) from Toitū Te Whenua LINZ. You can then buy or build only one home to live in. The fee is NZ$2,040 for ordinary residential land, and processing takes up to 10 working days. Pre-approval is valid for 1 year with no extra fee.
What does 'ordinarily resident' mean, and how long do I need to live in NZ?
You need to have lived in New Zealand for at least the last 12 months. You must meet 3 conditions. You hold a residence class visa. You have lived in New Zealand for at least the last 12 months, counting back from the day you sign the agreement to buy. You are a New Zealand tax resident, having spent more than 183 days in New Zealand in the past 12 months.
My partner is a New Zealand citizen and I'm not. Can we buy a house together?
Yes. If you are married, in a civil union or in a de facto relationship, and one of you meets the rules, you can buy a home as relationship property. It does not matter what visa the other person holds. Talk to a lawyer or conveyancer before you buy.
Can I use my KiwiSaver to buy my first home? What are the conditions?
Yes, if you have been a KiwiSaver member for at least 3 years. You must leave NZ$1,000 in your account. Money transferred from an Australian superannuation scheme cannot be withdrawn. Ask your KiwiSaver provider and Kāinga Ora about the process. You can download proof of your income and KiwiSaver deductions from myIR.
Do I pay tax if I sell my house within 2 years? What is the bright-line rule?
Yes, you may have to pay tax on the profit. For homes sold on or after 1 July 2024, the bright-line rule applies if less than 2 years pass between the title being transferred to you and you signing a binding agreement to sell. It may not apply to your own home or some other cases. If it applies, fill in the Bright-line property sale information form (IR833) in your tax return. Use Inland Revenue's Property tax decision tool to check.
What is a LIM report, and do I need one before buying?
A LIM report is a report about a property that the local council prepares when you apply. You must pay for it, and it may take a few days. Apply for one before you sign. A LIM does not include everything, so also check the council's property file and ask your lawyer to review it.
Can I buy a house on an investor visa?
Yes, with approval, if the home costs more than NZ$5 million. This applies to Active Investor Plus, Investor 1 and Investor 2 visa holders. You can also buy land and build if the land price plus building cost is more than NZ$5 million. The application fee is NZ$2,040 for an existing home over NZ$5 million, or NZ$3,500 in other cases. This option cannot be used for other sensitive land.
Answers are based on the verified content of this page — the official source always prevails.
Where can I check the official information?
- Buying residential property to live inToitū Te Whenua LINZ · linz.govt.nz
- Investing in residential land over $5 millionToitū Te Whenua LINZ · linz.govt.nz
- Getting my KiwiSaver savings for my first homeInland Revenue · ird.govt.nz
- The bright-line testInland Revenue · ird.govt.nz
- Doing your homeworkSettled.govt.nz (Real Estate Authority) · settled.govt.nz
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