If you have been considering borrowing inside your Self-Managed Super Fund to purchase residential property, the window to act is closing — fast. Following a deal between the Labor government and the Greens, the Treasury Laws Amendment (Tax Reform No. 1) Bill 2026 received Royal Assent on 26 June 2026. The legislation restricts Limited Recourse Borrowing Arrangements in SMSFs to commercial (business real) property only. The change takes effect on 10 August 2026 — 45 days after Royal Assent.
What Is an LRBA?
A Limited Recourse Borrowing Arrangement (LRBA) is the legal structure that allows an SMSF to borrow money to purchase an investment asset — most commonly property. Under an LRBA, the purchased asset is held in a separate bare trust until the loan is fully repaid, which ring-fences it from the rest of the fund's assets. If the borrower defaults, the lender's recourse is limited to that single asset — hence the name.
LRBAs have been a legitimate SMSF borrowing structure since 2007. They have allowed hundreds of thousands of Australians to use their superannuation savings to invest in both residential and commercial property, with rental income taxed at a concessional 15% inside super, and a 10% capital gains tax rate for assets held longer than 12 months.
What Is Changing From 10 August 2026?
The amendment modifies Section 67A of the Superannuation Industry (Supervision) Act 1993. Under the new rule, LRBA financing for real property is restricted to assets that qualify as business real property under Section 66 of the same Act. In plain terms:
- Residential property: No longer eligible for LRBA financing inside an SMSF from 10 August 2026. SMSFs can still purchase residential property outright with cash — only the borrowing component is prohibited.
- Commercial property: Continues to be borrowable, provided it qualifies as business real property under the Act.
- Mixed-use or vacant land: Will require careful legal review, as such assets may not satisfy the business real property definition.
Crucially, the test for eligibility is the date the contract is signed — not the settlement date. Any residential property purchase contract signed before 10 August 2026 can proceed under the existing rules, even if settlement occurs after that date.
Existing SMSF Borrowers: Are You Protected?
Yes, if you already have an LRBA in place for a residential property, your arrangement is grandfathered. The legislation does not require you to unwind an existing loan or sell the property. Your current LRBA can continue as normal.
One area of uncertainty for existing borrowers involves refinancing. While grandfathering protects the underlying arrangement, some lenders may adopt a cautious interpretation when it comes to switching lenders on a grandfathered loan. If you are considering refinancing an existing SMSF residential property loan, seek specialist advice early — before 10 August — to understand your options.
Industry Concerns: More Than Just SMSF Members
The ban has drawn strong criticism from across Australia's finance and property sectors. The Mortgage & Finance Association of Australia (MFAA) — whose members facilitate more than 81% of Australia's residential home lending — raised concerns that restricting SMSF lending risks becoming another disincentive to housing investment at a time when Australia is already struggling with housing supply and rental market pressures.
According to the MFAA, brokers were already seeing investor pipelines weaken following the May 2026 Budget announcement, with investors delaying decisions, reassessing future investments, and in some cases stepping away from the market altogether. The MFAA noted that SMSFs "play an important role in housing investment and restricting access to lending risks becoming another disincentive."
The Australian Finance Industry Association (AFIA) described the LRBA market as a "well-understood market that has operated effectively within a clear regulatory framework," and criticised the lack of consultation on changes affecting credit availability. The Commercial & Asset Finance Brokers Association of Australia (CAFBA) pointed to an "immediate retreat of capital and business investment" in the commercial finance market as a result of the broader uncertainty.
There are also concerns about the downstream effect on commercial property markets. With residential LRBA lending closed off, some SMSF investors may redirect capital toward commercial assets — industrial, warehouse, and retail property — potentially creating artificial price inflation in those sectors.
What Does This Mean for You?
Key Dates at a Glance
- 26 June 2026: Treasury Laws Amendment Bill receives Royal Assent
- 10 August 2026: Ban on new residential SMSF LRBAs takes effect
- Before 10 August: Contracts signed under current rules are grandfathered (settlement can occur after this date)
For existing SMSF residential property borrowers, the immediate practical impact is minimal. Your loan and property arrangement continue as before. However, if you are planning to refinance, expand, or restructure your SMSF, seek advice to understand exactly how the new rules interact with your situation.
For prospective SMSF residential borrowers, the 45-day window is tight but not impossible. Setting up a new SMSF typically takes under one week through the ATO, and bare trust completion and loan applications can follow quickly. However, lender approval timelines vary, and not every application will be achievable before the deadline. Rushing into a purchase to beat a regulatory deadline carries its own risks — make sure any decision is right for your financial situation first.
For SMSF members interested in commercial property, the good news is that LRBA borrowing remains fully available. Business owners who want to purchase their own commercial premises inside an SMSF and lease it back to their business continue to have access to this strategy.
What to Do Next
The LRBA rules are among the more complex areas of SMSF law, and the interaction between the new legislation and your specific fund structure requires professional guidance. We recommend taking the following steps:
- If you are considering a new residential SMSF purchase, act now and speak to both your SMSF accountant or auditor and a specialist mortgage broker before 10 August 2026.
- If you have an existing SMSF residential LRBA and are considering refinancing, seek early advice on how lenders are interpreting the grandfathering provisions.
- If commercial property is your goal, LRBA lending continues and there are specialist lenders on the market actively supporting this structure.
- Review your overall SMSF investment strategy with your financial planner to ensure it remains appropriate given the changed regulatory environment.
This is a major structural change to SMSF borrowing rules — the most significant since LRBAs were introduced in 2007. Getting the right advice now, rather than after 10 August, could make a meaningful difference to your retirement strategy.
Speak to an SMSF Lending Specialist
Further Finance Group has specialist experience in SMSF loan structures, including both residential and commercial LRBAs. If you have questions about how these changes affect your situation — or want to explore your options before the August deadline — contact our team for a free, no-obligation consultation.
Book a Free ConsultationThis article is general information only and does not constitute financial, legal, or taxation advice. SMSF lending involves complex regulatory requirements. Always consult a licensed financial adviser, SMSF specialist, and qualified mortgage broker before making any decisions. Further Finance Group Pty Ltd holds an Australian Credit Licence.