Quick Answer
A property title search ACT for a commercial property must cover the Crown lease terms, any unit plan structure, restrictive covenants, registered lease variations, and planning certificate compliance. In the ACT, all land is held under Crown lease—unlike freehold states—so the lease itself controls what you can build, operate, and modify on the site. Ordering a Current Title / State Lease search through TitleFinder gives you both the current title and the underlying Crown lease in one document for $74.50 AUD.
Why ACT Commercial Titles Differ from Freehold States
Every block in the Australian Capital Territory is held under a Crown lease from the Commonwealth. That lease is not a formality. It sets out the permitted land use, building height, setback requirements, and sometimes operating hours. A title search Australian Capital Territory that only looks at the register and ignores the lease terms will miss the constraints that matter most to a commercial buyer.
For commercial property—retail, office, industrial, or mixed-use—the stakes are higher because lease conditions directly affect development potential, tenant mix, and future value. A single restriction on the Crown lease can prevent a change of use, limit signage, or cap building envelopes.
ACT Commercial Property Title Search Checklist
1. Current Title and Crown Lease
Order a Current Title / State Lease search through TitleFinder ($74.50 AUD). This document set confirms:
- Current registered proprietor
- Lease commencement and expiry dates
- Permitted land use clause
- Any registered lease variations or supplementary deeds
- Encumbrances, easements, and mortgages registered against the lease
Check that the permitted use on the lease matches your intended use. If you plan to change the use (for example, from light industrial to retail), you will need a lease variation approved before settlement or as a condition of contract.
2. Unit Plan Structure
If the commercial property is part of a unit plan (the ACT equivalent of a strata scheme), order the unit plan search as well. This shows:
- Common property boundaries
- Unit entitlements and associated outgoings
- Management statements or by-laws registered on the plan
- Whether the unit plan permits commercial use
Commercial unit plans can restrict signage, operating hours, and fit-out works. Read the management statements before making an offer.
3. Restrictive Covenants
Search for restrictive covenants registered against the title. In the ACT, older commercial blocks—particularly in areas like Civic, Braddon, and Fyshwick—may carry covenants from the original Crown grant that limit building height, materials, or land use, even where the current lease allows a broader use.
A restrictive covenant binds successive owners. Do not assume a later lease variation removes an earlier covenant unless the variation expressly does so.
4. Lease Variations and Supplementary Deeds
Check whether any lease variations or supplementary deeds are registered. These documents can:
- Change the permitted use
- Extend or reduce the lease term
- Modify development conditions
- Add new easements or restrictions
If variations exist, order the full instrument. The title reference will list the dealing number; the instrument itself contains the actual varied terms you need to read.
5. Planning Certificate
A planning certificate confirms the current zoning, overlay constraints, and any development approvals on the land. It is separate from the title but essential for property due diligence ACT because:
- Zoning may differ from the Crown lease permitted use
- Overlays (heritage, bushfire, noise) can restrict development
- Existing development approvals may carry conditions that affect your plans
Order the planning certificate through your conveyancer or directly from the planning authority.
6. Encumbrances and Easements
Review all registered encumbrances and easements on the title. Common ones for ACT commercial property include:
- Drainage and sewerage easements
- Right-of-way easements for access
- Telecommunications infrastructure easements
- Profit à prendre (for example, quarry rights on rural-fringe land)
Easements running through a building footprint or car park can limit redevelopment options. Check the plan of the easement, not just the register entry.
7. Outstanding Notices, Orders, and Caveats
Check for any registered notices, orders, or caveats. A caveat signals a third party's interest in the property. Outstanding enforcement orders (for example, for unapproved works) become the buyer's responsibility after settlement unless addressed in the contract.
What to Order and When
| Question | Document | When to Order |
|---|---|---|
| Who owns it and what lease terms apply? | Current Title / State Lease search ($74.50 AUD through TitleFinder) | Before making an offer |
| What unit plan rules apply? | Unit plan search | Before making an offer if property is unit-titled |
| Are there restrictive covenants? | Covenant instrument (search by dealing number on title) | During due diligence period |
| Has the lease been varied? | Lease variation instrument | During due diligence period |
| What zoning and overlays apply? | Planning certificate | During due diligence period |
| Are there easements or caveats? | Full instrument (if complex) | During due diligence period |
Frequently Asked Questions
Can I rely on the contract for sale to disclose title issues?
The contract will include some title information, but it may not contain the full Crown lease terms or all registered instruments. Always run your own property title search ACT to verify what the contract discloses against official property records.
How long does an ACT Crown lease run?
Most commercial leases in the ACT are 99 years from the date of grant, but older leases vary. Check the lease commencement date and remaining term. A short remaining term can affect financing and resale value.
What if the Crown lease permitted use does not match my intended use?
You will need a lease variation approved by the relevant authority. This process can take months and is not guaranteed. Factor it into your due diligence timeline, or make the contract subject to lease variation approval.
This checklist is for general guidance. Commercial transactions involve contract, planning, and tax considerations beyond title records. Engage a qualified conveyancer or solicitor for advice specific to your purchase.
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.
