Quick Answer: All ACT land is held under Crown lease, not freehold. When buying an apartment or unit, your property title search ACT must verify the Crown lease conditions, review the unit plan for boundaries and common property, check for restrictive covenants and lease variations, and confirm a planning certificate aligns with your intended use. Order your Current Title and State Lease search through TitleFinder for $74.50 AUD before you commit.
What makes ACT apartment title searches different
Unlike other states where residential land is typically freehold, all land in the Australian Capital Territory is held under a Crown lease (also called a state lease). Every property due diligence ACT process must account for lease conditions that can restrict what you build, how you use the land, and whether you can subdivide. For apartments and units, the unit plan adds another layer — it defines your lot boundaries, common property, and unit entitlements.
Buyer checklist: what to check before buying an ACT apartment or unit
1. Verify the Crown lease
The Crown lease is the foundational document for any ACT property. Check:
- Lease term and expiry date — Most residential Crown leases are 99-year leases granted in the 1970s and 1980s. Confirm how many years remain and whether renewal is automatic or discretionary.
- Permitted use — The lease specifies what the land can be used for. If you plan to run a home business or short-term rental, confirm the use clause allows it.
- Development conditions — Some leases restrict building height, materials, or require specific landscaping. These conditions bind you regardless of what the territory planning authority later approves.
2. Review the unit plan
The unit plan defines the stratum or unit title arrangement. For apartments and units, verify:
- Lot boundaries — Confirm the lot depicted on the unit plan matches what you inspected. Car spaces and storage cages should be listed as separate lots or clearly noted on the plan.
- Common property — Identify which areas (foyers, lifts, driveways, roof space) are common property and what your unit entitlement percentage is. This determines your share of levies and voting rights.
- Easements on the plan — Check for any easements affecting your lot, such as drainage or access rights that run through your unit.
- By-laws — The unit plan may reference registered by-laws that govern pets, parking, noise, and renovations.
3. Check for restrictive covenants
Restrictive covenants are conditions registered against the title that limit what you or future owners can do. In ACT apartment buildings, common covenants include restrictions on external modifications (balcony enclosures, air conditioning units), limits on the number of occupants, and requirements to maintain uniform appearances. A title search Australian Capital Territory will show any covenants listed on the title. Read each one and compare it with your plans for the property.
4. Identify lease variations
A lease variation changes the conditions of the original Crown lease. If the previous owner obtained a lease variation — for example, to change the permitted use or relax a building height restriction — it will be registered as a dealing against the title. Order the lease variation document if one appears, because the varied conditions replace the original ones. The variation may also include additional charges or development contribution conditions that transfer to you as the new lessee.
5. Get a planning certificate
A planning certificate confirms the current planning controls that apply to the property. Cross-reference it with the Crown lease permitted use. If the planning certificate shows a different zone or overlay than what the lease allows, the more restrictive condition generally applies. This is critical if you intend to renovate, extend, or change the apartment's use.
6. Check for encumbrances, caveats, and mortgages
The title search will list all registered interests. For apartments and units, look for:
- Mortgages — Confirm the seller's mortgage will be discharged at settlement.
- Caveats — A caveat signals a third-party interest. Investigate who lodged it and whether it can be removed before settlement.
- Encumbrances — These can include positive covenants requiring you to maintain shared infrastructure or pay contributions to an owners corporation.
7. Confirm ownership and party information
Verify the registered proprietor matches the seller on your contract. If the property is held by a company or trust, confirm the entity is active and the signatory has authority. For off-the-plan purchases, confirm the developer's entity and the development's registration status.
Document comparison: what each record tells you
| Document | Key information | When to order it |
|---|---|---|
| Current Title / State Lease | Ownership, lease term, permitted use, encumbrances, covenants, unit plan reference | Always — start here ($74.50 AUD via TitleFinder) |
| Unit Plan | Lot boundaries, common property, unit entitlements, easements | Always for apartment and unit purchases |
| Lease Variation | Changed lease conditions, additional charges | When a lease variation dealing appears on the title |
| Planning Certificate | Current zoning, overlays, permitted development | Before settlement if you plan to renovate or change use |
| Caveat / Encumbrance document | Third-party interest details | When a caveat or encumbrance is registered on title |
When to order additional documents
Order your Current Title and State Lease search early — ideally before signing or during your cooling-off period. If the title shows a lease variation, caveat, or encumbrance you need to understand, order those documents immediately. A planning certificate should be ordered if your intended use does not clearly match the Crown lease's permitted use clause. For off-the-plan purchases, check whether the unit plan has been registered — an unregistered plan means you cannot yet settle on an individual title.
Allow enough time for document delivery and review. Your conveyancer needs these records well before settlement to prepare accurately and flag problems while you still have options.
This checklist is for information only; confirm your specific requirements with your conveyancer or legal adviser.
Frequently asked questions
Is all ACT land Crown leasehold?
Yes. There is no private freehold land in the Australian Capital Territory. All residential land is held under a Crown lease (also referred to as a state lease), typically for a 99-year term. The lease conditions govern your rights and obligations as effectively as the title itself.
Can restrictive covenants on an ACT title be removed?
In some cases, yes — through a lease variation or an application to the relevant authority. The process takes time and is not guaranteed. Factor in the cost and risk before buying a property with covenants that conflict with your plans. Always check whether a covenant exists before you commit, not after.
What if the unit plan is not yet registered?
If you are buying off the plan and the unit plan is unregistered, you are buying a right to a lot that does not yet exist as a separate legal entity. Your contract should specify a sunset date by which registration must occur. If the developer fails to register the plan by that date, you may have withdrawal rights — but check the contract terms carefully and get advice on the specific risks.
Order the right TitleFinder document
Use this guide as a reference, then order the actual record that answers your question:
- ACT Certificate of Title — $69.90
- ACT Deposited Plan — $85.90
- ACT Instrument — $91.80
If you are unsure, start with the current title search, then add the plan or instrument if the title points to one.
Need the title search? Use the TitleFinder product links above to order the current title, plan, instrument or state-specific property record you actually need.
