Quick Answer
Before bidding at any ACT auction, order a current title and state lease search ($74.50 AUD through TitleFinder) plus unit plan searches, lease variation records and a planning certificate. Start your document searches at least 14 business days before auction day so you have time to review Crown lease terms, restrictive covenants and any lease variations that affect how the property can be used.
Why ACT Auction Purchases Need Different Title Checks
Most land in the Australian Capital Territory is held under Crown lease rather than freehold. A title search in the ACT does more than confirm ownership — it sets out the conditions under which you hold the land. A buyer who skips this step can inherit lease conditions that restrict building modifications, change rent obligations or limit permitted uses. Auction purchases produce unconditional contracts, so every document must be reviewed before you bid.
Key Documents to Order
Current Title and State Lease Search
The starting point for auction property due diligence. This search confirms the registered proprietor, the lease term and expiry date, any encumbrances, and whether the lease is residential, commercial or rural. Through TitleFinder, a current title and state lease search costs $74.50 AUD. Order this first because the results tell you which further documents to request.
Unit Plan Search
If the property is a unit or townhouse, order the unit plan. It shows lot boundaries, common property, unit entitlements and any by-laws registered against the unit plan. Without this, you cannot calculate strata levies accurately or understand your maintenance obligations relative to other lot owners.
Lease Variation Documents
A Crown lease can be varied — for example, to change the purpose clause, adjust the lease term or add development conditions. Each variation is registered against the title. Check whether any lease variation exists and what it changes, because a variation may impose building completion timelines or restrict certain uses that differ from the original grant.
Planning Certificate
A planning certificate confirms the zoning, overlay constraints and any planning provisions that apply. While it is not a title document, it directly affects what you can do with the property under its Crown lease purpose clause. Order this alongside your title search so you can cross-reference zoning against lease conditions.
ACT-Specific Risks to Check Before Bidding
Crown Lease Conditions
Check the remaining lease term. A residential Crown lease in the ACT typically runs for 99 years, but commercial and rural leases can have shorter terms. Confirm the purpose clause matches your intended use. A lease pegged to "residential" cannot be used for a home business without a lease variation, which the lessor may refuse.
Restrictive Covenants
These are binding obligations registered on the title. In the ACT, they can dictate building materials, fence heights, setback requirements or prohibit certain structures entirely. Unlike easements, restrictive covenants apply even if you never use the benefit they protect. Always check whether a covenant exists and whether it has been varied or released.
Unit Plan Entitlements and By-Laws
For units and townhouses, review the by-laws for pet restrictions, renovation approval processes and noise rules. Compare unit entitlement percentages to strata levy amounts — a disproportionate entitlement means higher ongoing costs. Also check whether the unit plan has been amended, as amendments can change entitlements and common property boundaries.
Auction Title Search Timing
| Document | Minimum Lead Time | Reason |
|---|---|---|
| Current Title / State Lease | 10–14 business days before auction | Confirms ownership, lease terms, encumbrances |
| Unit Plan Search | 10–14 business days before auction | Reveals entitlements, by-laws, common property |
| Lease Variation Records | 5–10 business days before auction | Shows changes to original lease conditions |
| Planning Certificate | 7–10 business days before auction | Confirms zoning and planning overlays |
Pre-Auction Title Search Checklist
- Order current title and state lease search through TitleFinder ($74.50 AUD)
- Confirm Crown lease term, expiry date and purpose clause
- Check for restrictive covenants on the title
- Review all registered encumbrances, mortgages and caveats
- If a unit: order unit plan search and review by-laws
- Verify unit entitlements against strata levy notices
- Request lease variation records for any registered variations
- Order a planning certificate to confirm zoning and overlays
- Confirm no outstanding rates, land tax or water charges via relevant searches
- Cross-check the property address with the title description and plan numbers
- Review any easements or profits à prendre affecting the lot
- Confirm building approvals and occupancy certificates for recent works
Frequently Asked Questions
Can I withdraw from an ACT auction contract if I find a title problem after bidding?
No. ACT auctions produce unconditional contracts. If you are the successful bidder, you must settle regardless of what the title reveals. This is why property title documents in the Australian Capital Territory must be reviewed in full before auction day.
What is the difference between a Crown lease and a freehold title?
In the ACT, the government retains ownership of all land. A Crown lease gives you the right to use and occupy the land for the lease term, subject to stated conditions. It functions similarly to freehold for most residential properties, but the purpose clause and lease conditions still apply and can restrict your use of the land.
How much does an ACT title search cost?
A current title and state lease search through TitleFinder costs $74.50 AUD. Additional document searches — unit plans, lease variations, planning certificates — are ordered separately based on what the initial search reveals.
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.
