SMSF Property Borrowing Just Changed: What the New LRBA Rules Mean From 10 August 2026

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SMSF Property Borrowing Is Changing: The New LRBA Rules From 10 August 2026 | autoSMSF
Legislation Update

SMSF Property Borrowing Just Changed: What the New LRBA Rules Mean From 10 August 2026

New laws now restrict Limited Recourse Borrowing Arrangements to business real property only. Here’s exactly what’s changed, what’s grandfathered, and what it means if you’re planning to buy property through your SMSF.

autoSMSF
By Bimal Sekhon, Chartered Accountant
Published July 2026
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Key date: 10 August 2026. From this date, new LRBAs can no longer be used to buy residential property in an SMSF. Existing arrangements are grandfathered and unaffected.

If you’ve been weighing up whether your SMSF should borrow to buy property, the rules of the game have just changed. On 25 June 2026, Parliament passed amendments to the Limited Recourse Borrowing Arrangement (LRBA) provisions of the Superannuation Industry (Supervision) Act 1993, with Royal Assent granted the following day. The new rules commence on 10 August 2026 — and from that date, SMSFs will no longer be able to enter new LRBAs to acquire residential property.

For trustees, advisers and anyone who has been considering an SMSF property purchase, this is one of the most significant changes to superannuation borrowing since LRBAs were first introduced in 2007. Here’s what actually changed, what’s protected, and what it means for your SMSF strategy going forward.

What actually changed

The amendment makes a single, precise change to the law. It inserts a new condition into subsection 67A(2) of the SIS Act, which sets out what an SMSF is permitted to borrow to acquire under an LRBA. The new condition requires that, where the asset being acquired is real property, that property must qualify as “business real property” as defined in section 66 of the SIS Act.

In practice, that means residential investment properties — houses, units, apartments and similar dwellings not used in a business — are excluded from being acquired through a new LRBA from 10 August 2026 onward. Property genuinely used in a business, such as a commercial office, warehouse, retail premises, or a farm used to carry on a business, can still be acquired via an LRBA, provided it meets the business real property test.

How we got here
28 May 2026
Amendment tabled in Parliament by Senator Nick McKim as part of negotiations over the Treasury Laws Amendment (Tax Reform No. 1) Bill 2026.
23 June 2026
Government and the Greens reach agreement — Senate support for broader tax reforms in exchange for the LRBA residential property restriction.
25 June 2026
Amendment passed by the Senate and returned to the House of Representatives.
26 June 2026
Bill receives Royal Assent — the change is now law.
10 August 2026
New rules commence — 45 days after Royal Assent, as set out in the Bill’s commencement table.

What’s grandfathered — and what isn’t

This is a prospective change only. It does not unwind or affect anything already in place, and there’s no requirement to restructure or exit an existing arrangement.

Unaffected

Still allowed

  • Existing residential LRBAs already in place before 10 August 2026 — these can run to completion as normal
  • Refinancing an existing LRBA that was entered into before commencement
  • New LRBAs to acquire genuine business real property (commercial premises, farms used in a business, etc.)
  • Contracts entered into before 10 August 2026, even where settlement occurs after that date, subject to meeting the transitional conditions
No longer available

Banned from 10 Aug 2026

  • New LRBAs to acquire residential investment property — houses, units, apartments
  • New LRBAs over property that doesn’t meet the “business real property” definition, such as lifestyle blocks or hobby farms
  • Using an LRBA to acquire an existing SMSF asset (this was already prohibited and remains so)

Because the operative test is “business real property” rather than a simple residential-versus-commercial split, the outcome isn’t always intuitive. Some residential-style property can still qualify if it’s genuinely used in a business, while some property that looks commercial may not meet the test if it isn’t used wholly or mainly in a business. Getting this classification right before entering an arrangement will matter more than ever.

Why this matters for your SMSF strategy

LRBAs have been the only mechanism available under the SIS Act for an SMSF to borrow money to acquire an asset, and residential property purchases have been one of the most common uses of that structure for close to two decades. This change closes that door for new arrangements, while deliberately leaving the door open for SMSFs to borrow for genuine business premises.

“The commencement date is the 45th day after Royal Assent — for trustees who were part-way through a residential property purchase, that’s a very short runway to get everything locked in.”

— On the transitional timeframe for existing acquisitions

If you’re mid-purchase

If you’ve already exchanged contracts on a residential property, or you’re in the process of setting up a bare trust and LRBA structure, timing is now critical. Arrangements entered into before 10 August 2026 remain valid even if settlement happens later, but the underlying conditions need to be satisfied properly — this isn’t a case of simply signing a document before the deadline.

If you’re considering business real property

For trustees running a business, or looking to bring existing business premises into the fund, this change doesn’t close off the LRBA strategy at all. Borrowing to acquire qualifying business real property — and structuring it correctly through a bare trust — remains a genuine option after 10 August 2026, and in some respects the pathway is unaffected.

If you were planning a residential purchase for later in the year

If a residential property acquisition through an LRBA was on your radar but hasn’t been contracted yet, that strategy is no longer available once the new rules commence. It’s worth speaking with your SMSF accountant now about what your remaining options look like, including whether the property still makes sense to purchase outside of super.

The takeaway

This change is prospective, not retrospective. Existing residential LRBAs are protected and can be refinanced. New residential property LRBAs are no longer possible from 10 August 2026. Business real property remains a live option — but the classification test now carries much higher stakes.

What to do next

  1. Review any residential property purchase currently in progress through your SMSF and confirm where it sits against the 10 August 2026 commencement date.
  2. If you’re planning to bring business premises into your fund, get the business real property classification checked before you proceed.
  3. If you have an existing LRBA, note that it’s unaffected — but confirm your refinancing options are understood in case your loan term comes up for renewal.
  4. Speak with an SMSF specialist before making any decisions — this is new law, and further ATO guidance is still being finalised.

At autoSMSF, we set up SMSFs, manage annual compliance, and establish bare trusts for property purchases — without ever selling financial advice or lending products. If you need clarity on where your SMSF stands under the new LRBA rules, our team can walk you through it on a fixed, transparent fee.

Bimal Sekhon
Chartered Accountant, SMSF Association Member — Founder, autoSMSF
This article is general information only and does not constitute financial, legal, taxation, or investment advice. It does not take into account your personal objectives, financial situation or needs. Legislation, ATO guidance and regulatory interpretations may continue to evolve as the LRBA changes are implemented — please confirm current requirements before acting, and speak with an appropriately licensed adviser regarding your specific circumstances. Source: Treasury Laws Amendment (Tax Reform No. 1) Bill 2026 and Australian Taxation Office guidance on the Limited Recourse Borrowing Arrangement (LRBA) Provisions.
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Author – Bimal Sekhon

Chartered Accountant

Chartered Accountant with over 18 years of experience in public practice, including more than a decade running an accounting firm. Over the years, I’ve worked with hundreds of clients, and one area has consistently stood out to me: self-managed super funds (SMSFs).