2026 rule change

SMSF property rules in 2026 — what changed on 10 August

A plain-English summary of the change to SMSF borrowing for property, who it affects, and what's still allowed. General information only — not financial, tax or legal advice.

Last updated: 28 September 2026

What changed

From 10 August 2026, a self-managed super fund can only use a new limited recourse borrowing arrangement (LRBA) to buy business real property. An SMSF can no longer take out a new loan to buy residential property. Source: ATO — changes to LRBAs for property from 10 August.

Who is unaffected

According to the ATO, the change doesn't apply to:

  • LRBAs already in place before 10 August 2026;
  • refinancing of those existing LRBAs; and
  • contracts exchanged before 10 August 2026.

If you're in one of these groups, confirm the specifics with your SMSF adviser — the detail of your arrangement matters. ATO source.

What's still allowed

  • Buying residential property outright with the fund's own money, subject to the usual SMSF rules.
  • Using a new LRBA to buy business real property — property used wholly and exclusively in a business.

The standard rules still apply either way: the sole purpose test, no residential purchases from related parties, and members or their relatives can't live in or rent a residential property the fund owns.

What “business real property” means, in plain English

Broadly, it's land and buildings used wholly and exclusively in running a business — think a warehouse, workshop, office or shop. A business owner's SMSF buying the premises the business operates from, then leasing it back at market rent on a written lease, is the classic example. There are specific exceptions and conditions, which the ATO sets out in changes to limited recourse borrowing arrangements.

The law behind it

The change was made by the Treasury Laws Amendment (Tax Reform No. 1) Act 2026, which received Royal Assent on 26 June 2026. The ATO's pages linked above explain how it applies. ATO source.

What to do next

Quick FAQ

Can my SMSF still borrow to buy a residential investment property?

Not with a new loan. From 10 August 2026 a new limited recourse borrowing arrangement can only be used to buy business real property. Existing arrangements and contracts exchanged before that date are unaffected.

Can my SMSF still buy residential property at all?

Yes, outright, using the fund's own money. The usual rules still apply: sole purpose test, no purchase from related parties, and members or relatives can't live in or rent it.

I already have an SMSF loan on a residential property. Do I have to sell?

No. Existing LRBAs are unaffected, and refinancing an existing LRBA is also unaffected according to the ATO. Check the specifics of your arrangement with your SMSF adviser.

What counts as business real property?

Broadly, land and buildings used wholly and exclusively in a business, such as a factory, office or shop your business operates from. The ATO sets out the detail and exceptions.

How we fit

Aust Property Investor is a lead-generation platform. We don't give advice or recommend super structures. If you'd like someone to look at your full position, share your numbers and we'll match you with one independent specialist.

Get matched — free

Want a straight read on your position?

Share your equity, income and super. We generate the lead and match you with one independent property specialist. Free, and no obligation.

Get matched — free

Or head back to the home page.