What happened, in short
- From 10 August 2026, SMSFs can generally no longer enter into new limited recourse borrowing arrangements (LRBAs) to acquire residential property.
- The ban was added to the Treasury Laws Amendment (Tax Reform No. 1) Bill 2026 in a deal with the Greens, and the Bill received Royal Assent on 26 June 2026.
- Existing SMSF residential property loans are grandfathered, refinancing them is still allowed, and SMSFs can still borrow to buy eligible business real property.
- Where a contract of sale was signed before 10 August, the purchase is intended to be able to proceed even if settlement is later.
- Builders who sell house-and-land packages or new dwellings to SMSF investors lose a finance channel, just as other tax changes push investors towards new builds.
From today, 10 August 2026, self-managed superannuation funds can generally no longer take out new limited recourse borrowing arrangements to buy residential property. The change, which closes a structure that has been used to buy investment homes inside super for close to two decades, has direct consequences for builders and developers who sell new homes to investors.
What has changed
A limited recourse borrowing arrangement, or LRBA, allows an SMSF to borrow money to buy a single asset, typically a property. If the loan defaults, the lender’s recourse is limited to that asset rather than the fund’s other assets. LRBAs have been the main way SMSFs have bought residential investment property with borrowed money.
From 10 August 2026, SMSFs can generally no longer enter into new LRBAs to acquire residential property. The change applies to new borrowing arrangements. It does not force existing loans to be unwound.
What the ban does and does not do
| Situation | Allowed from 10 August 2026? |
|---|---|
| New LRBA to buy residential property | No |
| Existing residential LRBA taken out before 10 August | Yes, grandfathered |
| Refinancing an existing residential LRBA | Yes |
| Contract of sale signed before 10 August, settling later | Intended to be able to proceed |
| SMSF buying residential property without borrowing | Yes, subject to existing super rules |
| New LRBA to buy eligible business real property | Yes |
Source: Industry summaries of the legislation. Individual cases need legal and financial advice.
How it happened
The ban was not part of the Government’s original tax package. It was agreed with the Greens in late June as part of a deal to secure Senate passage of the Treasury Laws Amendment (Tax Reform No. 1) Bill 2026, which implements tax reforms announced in the May Budget. The Bill passed both houses quickly and received Royal Assent on 26 June 2026, with a 45-day transition before the ban commenced today.
The speed of the change drew criticism from parts of the superannuation industry. The SMSF Association described it as a significant change to the SMSF investment landscape progressed through a late-stage amendment, without consultation or an evidence-based review.
How the SMSF borrowing ban became law
- 12 May 2026Federal BudgetTax reforms announced, including negative gearing and capital gains tax changes that favour new builds from July 2027.
- 23 June 2026Deal with the GreensThe Government agrees to ban new SMSF borrowing for residential property to secure Senate support for its tax package.
- 26 June 2026Royal AssentThe Treasury Laws Amendment (Tax Reform No. 1) Bill 2026 becomes law.
- 10 August 2026Ban commencesSMSFs can no longer enter new LRBAs to acquire residential property.
Source: Exant Advisory, 29 June 2026; iCare SMSF, 29 June 2026; Federal Budget 2026–27.
What is protected
- Existing loans. SMSF residential property LRBAs in place before today are grandfathered and can continue under the existing rules.
- Refinancing. SMSFs with existing residential LRBAs can still refinance them.
- Contracts already signed. Industry guidance is that where a contract of sale was entered into before 10 August 2026, the purchase is intended to be able to proceed even if settlement happens later. Simply setting up an SMSF or getting a pre-approval before today is not the same as having a signed contract.
- Business real property. SMSFs can still use LRBAs to buy property that meets the definition of business real property under superannuation law. A commercial zoning alone does not make a property eligible; it depends on how the property is used.
- Buying without borrowing. SMSFs can still buy residential property with their own money, provided the investment meets the existing superannuation rules.
Why it matters to builders
SMSF investors have been a meaningful part of demand for some types of new housing, particularly house-and-land packages and new dwellings marketed to investors. Under the existing LRBA rules, borrowed money generally could not be used to improve an asset, so SMSF buyers of new homes have typically bought completed dwellings or packages structured to meet those rules. Builders and developers who sell in that market have just lost a finance channel.
The timing is awkward. The May Budget’s tax changes, which take effect from 1 July 2027, limit negative gearing to new builds for properties bought after Budget night and replace the capital gains tax discount with indexation and a minimum tax, while keeping the existing concessions for eligible new builds. Those changes are designed to push investor demand towards new housing. The SMSF ban removes one way investors could have financed that shift.
How big the effect will be is hard to judge. SMSF borrowing is a small share of total housing finance, and many SMSF investors buy established property rather than new. But in the investor-focused part of the new housing market, and in some growth corridors where packages are sold heavily to investors, builders may notice fewer SMSF buyers.
Builders are not financial advisers. Sales staff and builders should not advise clients on whether to buy property through super, or how. That is regulated financial advice. Refer buyers to licensed financial advisers, accountants and mortgage brokers, and remove SMSF borrowing from marketing material for residential property.
What builders should do now
What builders selling to investors should do
- Identify any buyers or clients relying on SMSF borrowing and check their contract dates.
- Remove SMSF borrowing from marketing for residential packages.
- Do not give financial advice; refer buyers to licensed advisers and brokers.
- Check finance conditions in sales contracts and allow for buyers whose finance falls through.
- Watch investor demand for new builds as the July 2027 tax changes approach.
For builders with contracts already signed with SMSF buyers, the main task is to check whether each contract was entered into before today and whether the buyer’s finance is secure. For builders with buyers who were planning to use SMSF borrowing but had not yet signed, those sales need to be re-examined: the buyer may be able to proceed using other funds, but the SMSF borrowing route is closed.
For builders who market to investors, the message changes. SMSF investors can still buy new homes using their fund’s own money, and other investors can still borrow in their own names. The Budget changes from July 2027 will, if anything, make new builds relatively more attractive to investors than established property. But SMSF borrowing can no longer be part of the pitch.
Questions buyers will ask builders
Sales teams and builders will hear questions from buyers who had planned to use their super. It helps to have consistent, accurate answers that stay on the right side of the line between information and advice.
“Can I still buy this house through my SMSF?” The honest answer is that SMSFs can no longer take out a new limited recourse loan to buy residential property, but the rules on buying with the fund’s own money are separate, and the buyer should speak to their financial adviser or accountant.
“I signed before the deadline, am I still okay?” Industry guidance is that purchases under contracts signed before 10 August are intended to be able to proceed, but the buyer needs to confirm their position with their lender and adviser.
“Is it still a good investment?” That is financial advice. Refer the buyer to a licensed adviser.
Keeping answers factual and referring people on protects the business and the buyer.
The wider picture
The SMSF ban is one of several policy changes affecting housing demand this year: the Budget’s tax reforms, three interest rate increases so far in 2026 that have taken the cash rate to 4.35%, and continuing cost pressure on new builds. The Reserve Bank meets tomorrow, on 11 August, and its decision will add another piece to the picture for investor demand in the second half of the year.
For builders, the practical lesson is to understand who your buyers are and how they finance their purchases. Demand from different buyer groups is moving in different directions, and a builder who relies heavily on one group, such as SMSF investors, is exposed when policy changes.
What to watch
- ATO guidance on how the new rules apply to specific situations, including transactions that crossed the commencement date.
- Industry responses from building industry groups on the effect on new housing supply.
- Investor lending data over the coming months, to see whether the ban and the Budget changes shift investor activity.
Questions builders ask
Can an SMSF still borrow to buy a house?
Not through a new limited recourse borrowing arrangement. From 10 August 2026, SMSFs can generally no longer enter new LRBAs to acquire residential property. Existing loans are grandfathered.
Can an SMSF refinance an existing residential property loan?
Yes. Refinancing of existing residential property LRBAs remains permitted.
What if an SMSF signed a contract before 10 August 2026?
Where a contract of sale was entered into before 10 August 2026, the legislation is intended to allow the purchase to proceed even if settlement occurs later. Buyers should get advice on their specific situation.
Can SMSFs still borrow for commercial property?
Yes, where the property meets the definition of business real property under superannuation law. Zoning alone does not decide eligibility.
Why was the SMSF residential borrowing ban introduced?
It was agreed between the Government and the Greens in June 2026 to secure Senate passage of the Government’s tax reform package, and was included in the Treasury Laws Amendment (Tax Reform No. 1) Bill 2026.
Sources
- Ban on new SMSF borrowing for residential property now law · Exant Advisory · 2026-06-29
- SMSF residential property LRBA ban now law: 10 August 2026 deadline confirmed · iCare SMSF · 2026-06-29
- Tax reform: boosting home ownership, reforming negative gearing and capital gains tax · Australian Taxation Office
Published 10 August 2026. General information for builders, not legal, financial or engineering advice for a specific job. Check current requirements with the relevant regulator or standard before relying on them.
