The Property Council of Australia has today welcomed the government's confirmation of sensible and non-controversial exemptions for property transactions under the new mergers and acquisitions regime, which comes into force on 1 January 2026.
Tabled by the government today, the Competition and Consumer (Notification of Acquisitions) Determination 2025 legislative instrument includes updated thresholds for mandatory notification of deals to the ACCC, exemptions and guidance for industry to navigate the new laws.
New key exemptions from mandatory notification are now included for acquisitions made in the ordinary course of business, which will support the homes, offices, industrial hubs and retail malls that shape our cities.
Property Council Capital Markets Executive Director Torie Brown said the commonsense exemptions will cut red tape and allow the property sector to continue building.
"This round of reform is the most significant change to the mergers and acquisitions regime in fifty years, and this welcomed outcome strikes the right balance.
"Forcing thousands of vanilla property deals through the new mergers and acquisitions regime would have added months of delays and slowed down the system for everyone.
"Treasury has listened to feedback and has found the sweet spot to protect markets without introducing unnecessary red tape for every day, low-risk property transactions.
"With these exemptions in place, the ACCC can do its essential work of looking at transactions with genuine market-structure implications and not be bogged down by ordinary property deals.
"We will continue to work with Treasury on any forthcoming policy issues, and with the ACCC on any process issues as the regime begins on 1 January 2026. "
Following advocacy from the Property Council, the determination includes exemptions for:
- Acquisitions of land 'in the ordinary course of business'
- Progressive land acquisitions where the initial acquisition occurred before 1 January 2026, such as agreements for lease
- For developing residential premises
- Businesses primarily engaged in buying, selling, leasing or developing land
- Land entities, including for related Special Purpose Vehicles
- Lease extensions and renewals
- Land development rights
- Sale and leaseback arrangements, and
- A number of exemptions for financial market infrastructure, financial securities, debt instruments, money lending, financial accommodation and security interests.
