Now law · new residential SMSF lending ends 10 August 2026
Investor Finance
SMSF borrowing for residential property: what the ban means now it is law
The ban on SMSFs borrowing to buy homes became law on 26 June 2026 and starts on 10 August 2026. Here is what changes, what does not, and who is grandfathered... in plain English.
On 23 June 2026, the government agreed to a Greens amendment stopping self-managed super funds (SMSFs) from taking out new loans to buy residential property. It was the trade for Greens support of the Treasury Laws Amendment (Tax Reform No. 1) Bill 2026... the same Bill changing negative gearing and the CGT discount, which I covered in the 2026 budget post. That Bill has now passed, and the ban is law.
Announced
23 June 2026
The government agreed to a Greens amendment banning new SMSF loans for residential property, in exchange for Senate support of the Tax Reform No. 1 Bill.
Passed Parliament
25 June 2026
The Senate passed the Bill 35 votes to 25, and the House of Representatives agreed to the amendments the same day. Royal assent followed on 26 June 2026.
Ban starts
10 August 2026
45 days after royal assent. From this date an SMSF can no longer enter a new LRBA to buy residential property.
The three things to know
What stops
New residential loans
From 10 August 2026, SMSFs can no longer borrow to buy a home or unit.
Read moreRead
What continues
Commercial property
Borrowing to buy eligible business premises is not affected.
Read moreRead
What is protected
Existing loans
Arrangements already in place are grandfathered and carry on as normal.
Read moreRead
01What is actually changing
SMSFs have been able to borrow to buy property since 2007, through a structure called a limited recourse borrowing arrangement, or LRBA (the current rules took shape in 2010). In an LRBA, the fund borrows to buy a single asset that is held in a separate trust until the loan is repaid. If things go wrong, the lender can claim only that one asset, not the rest of the fund.
The new law closes that door for residential property. From 10 August 2026, an SMSF can no longer enter a new LRBA to buy a home or unit. It does not unwind anything already in place, and it does not touch commercial property.
Who this affects
New residential loan
From 10 August 2026
New residential loan
From 10 August 2026
Blocked. An SMSF can no longer borrow to buy residential property once the ban commences.
Existing SMSF loan
Already in place
Existing SMSF loan
Already in place
Protected. Arrangements in place before commencement continue under the current rules, and refinancing of those borrowings is permitted.
Commercial property
Business real property
Commercial property
Business real property
Unaffected. An SMSF can still borrow to buy eligible business premises.
02What is not changing
- Existing SMSF property loans. If your fund already holds a property under an LRBA, this does not change it. Existing arrangements are grandfathered, and refinancing of pre-commencement borrowings is permitted... which is worth knowing if your lender has stepped back from SMSF lending. I have set out how that works on my SMSF loan refinance page.
- Contracts entered before 10 August 2026. Under the transitional rules, a purchase contract entered before commencement is protected even where settlement happens after that date.
- Commercial property borrowing. The change applies to residential property only. Borrowing to buy business premises is not affected.
- SMSFs themselves. SMSFs are not being banned or wound back. This is about one thing: new borrowing to buy residential property inside the fund.
03Why the government says it is doing this
The reason given is protecting retirement savings. Borrowing to invest inside super magnifies both the gains and the losses, and several reviews have flagged the risk. The 2014 Murray Financial System Inquiry went further and recommended removing the borrowing exception altogether. The government of the day did not adopt that recommendation... this amendment revisits it, for residential property only.
The government also points out that SMSF borrowing is a small part of the market... less than 1% of all residential property borrowing, and under half a per cent of new borrowing each year. The measure is expected to improve the budget by around $50 million over the forward estimates. It is framed as a risk measure, not a housing-affordability one.
What it means if you were looking at an SMSF purchase
If you were part-way through setting up an SMSF purchase, the contract date is the line. Under the transitional rules, acquisitions entered into before commencement on 10 August 2026 are grandfathered, even where settlement happens after that date. If a contract is not yet signed, the door closes on 10 August 2026. That deadline is real, but it is still not a reason to act on a headline... talk to your SMSF specialist and accountant about your specific arrangement. I am not going to tell you to rush a decision about your super... that is the opposite of how this should be approached.
If your plans were outside super all along, none of this affects you. And if commercial property is on your radar, that pathway is unchanged.
Common questions
Is SMSF borrowing to buy property being banned?
Yes, for new residential loans. The ban on SMSFs taking out new loans (LRBAs) to buy residential property was announced on 23 June 2026 as part of a Labor-Greens deal, passed the Senate on 25 June 2026, and received royal assent on 26 June 2026. It is now law and starts on 10 August 2026. It applies to residential property only.
Are existing SMSF property loans affected?
No. The change applies going forward only. Existing SMSF loans are grandfathered and continue under the current rules, and the legislation permits refinancing of pre-commencement borrowings. It is about new borrowing, not loans already in place.
Can an SMSF still borrow to buy commercial property?
Yes. The ban applies to residential property only. Borrowing to buy business real property... commercial premises used in a business... is not affected by the new law.
When does the SMSF residential borrowing ban start?
10 August 2026. The legislation commences 45 days after royal assent, which was received on 26 June 2026. From that date, an SMSF can no longer enter a new LRBA to buy residential property.
Why is the government banning SMSF residential borrowing?
The stated reason is reducing risk to retirement savings, since borrowing inside super magnifies losses as well as gains. The 2014 Murray Financial System Inquiry recommended removing the borrowing exception, and this amendment revisits that for residential property. The government also notes SMSF borrowing is a small share of the market.
How long have SMSFs been able to borrow to buy property?
Since 2007, when limited recourse borrowing was first allowed under super law. The current LRBA framework took shape in 2010. The new law ends that option for new residential purchases from 10 August 2026, while leaving commercial property borrowing in place.
I am mid-purchase in my SMSF. What happens?
The contract date is the line. Under the transitional rules, acquisitions entered into before commencement on 10 August 2026 are grandfathered, even where settlement happens after that date. How that applies to your specific arrangement is a question for your SMSF specialist and accountant... and given the fixed deadline, sooner rather than later. I would not make a call on super timing from a headline.
Sources
- Prime Minister of Australia... Government another step closer to delivering tax reforms (23 June 2026) ... primary source: confirms the residential LRBA ban, that existing arrangements are unaffected, the Murray Inquiry rationale, and the under-1% / under-0.5% figures.
- Parliament of Australia... Treasury Laws Amendment (Tax Reform No. 1) Bill 2026 homepage ... passage through both houses on 25 June 2026 and royal assent on 26 June 2026.
- Parliament of Australia... Bills Digest ... commencement 45 days after assent, and the transitional treatment of pre-commencement arrangements, contracts and refinancing.
- The Adviser... Government agrees to ban future LRBA for resi ... reported the 45-day commencement and ~$50m budget impact at announcement.
- Accountants Daily... Labor strikes deal with Greens to enable passage of tax changes ... the deal and prospective application.
- Note: this article was first published on 24 June 2026, when the ban was an announced amendment, and updated on 6 July 2026 to reflect the passage of the legislation. The Bill received royal assent on 26 June 2026 and the ban commences on 10 August 2026.
