Insight

How to practically achieve AML/CTF compliance for the real estate industry

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Quick summary
  • The real estate industry faces unique AML/CTF compliance challenges due to complex transaction chains, timing of obligations, intricate ownership structures, reliance on third parties, franchise models and non-standard transaction monitoring. 
  • Addressing these requires early planning, tailored systems, specialist skills, and strong cultural adoption. 
Australia has commenced reforming its Anti-Money Laundering and Counter-Terrorist Financing (AML/CTF) regime including the ‘Tranche 2’ reforms, which expand AML/CTF compliance to apply to additional professions including real estate agents and conveyancers.

There are a number of key steps that real estate firms must take to achieve AML/CTF compliance by 1 July 2026. Compliance with these obligations is not box-ticking exercise. It requires careful timing, robust documentation, staff training, and thoughtful integration with other compliance activities. 

  • Determine which parts of your business provide “designated services” (e.g., brokering real estate sales, property development, conveyancing) as these trigger AML/CTF obligations. 
  • Understand your role in the transaction chain (e.g., vendor’s agent, buyer’s agent, conveyancer) and when your obligations are triggered for each party. 
  • Real estate transactions often involve several parties (agents, conveyancers, developers, financiers), each potentially providing a “designated service” and having separate AML/CTF obligations. 
  • This creates complexity in determining who is responsible for customer due diligence (CDD) at each stage, and when those obligations are triggered. 
  • Enrol as a reporting entity with AUSTRAC from 31 March 2026, and ensure you are fully compliant by 1 July 2026. 
  • Use AUSTRAC’s starter kit for small businesses if applicable (available December 2025) or develop a custom AML/CTF program but be aware that late adoption may require fast-tracking implementation. 
  • For franchise groups, decide whether to form a reporting group or support franchisees with tools and standards while managing brand and compliance risk. The approach to group compliance can affect both operational risk and regulatory exposure. 
  • Conduct a documented risk assessment covering the types of services, customers, engagement channels, and jurisdictions relevant to your business. 
  • Develop policies and procedures tailored to your risk profile, and ensure robust record-keeping for all AML/CTF activities, including customer identification and risk assessments.
  • Prepare for transaction and compliance reporting (e.g., threshold transaction reports, suspicious matter reports, annual compliance reports). 
  • Appoint a fit and proper AML/CTF officer, conduct staff training, and have processes in place for client questioning and suspicious activity reporting. 
  • Carry out initial, ongoing, and enhanced CDD as appropriate, based on customer risk. 
  • Be prepared to unravel complex ownership structures (e.g., offshore trusts, shell companies) and use appropriate tools for verification. You must have the skills and tools to identify and verify ultimate beneficial owners, which can be challenging and require specialist resources. 
  • Understand the rules and risks around relying on third parties or other reporting entities for CDD—while you can outsource the activity, you cannot outsource the risk. You must ensure that any reliance is well-documented and that the third party’s processes meet compliance standards. 
  • The point at which CDD must be performed can vary depending on whether you are acting for the vendor, purchaser, or both. 
  • For example, due diligence on the vendor is often required much earlier than for the purchaser, and conveyancers may need to conduct CDD before reviewing contracts, not just at settlement. 
  • Unlike financial institutions, real estate businesses typically have low transaction volumes per customer, making traditional transaction monitoring less effective. 
  • Monitoring must be tailored to the nature of real estate transactions, focusing on unusual patterns or behaviours rather than high-frequency activity. 
  • Treat AML/CTF compliance as both a technical and business change project—ensure staff are trained, systems are used, and compliance is part of daily operations, not just a “box-ticking” exercise. 
  • Use the lead time wisely: start early, test and refine your programme, and ensure both technical and business adoption for sustainable compliance.
  • Start early: Don’t wait until the last minute.  
  • Engage with peers and advisors: Leverage industry forums and expert advice to benchmark approaches and avoid common pitfalls.  

We are here to help  

Whilst the new AML/CTF requirements won't be a requirement until 31 March 2026 for existing reporting entities and 1 July 2026 for new reporting entities, it is vital to start planning and preparing for compliance now. 

With a short lead time to compliance and limited AML/CTF experts across Australia, demand will only continue to increase as the compliance date approaches.   

Contact one of our AML/CTF experts if you would like to discuss any of the above. 

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