Quick Answer
In the ACT, all land is held under Crown lease. A title search for a commercial property purchase must verify the lease term, permitted use, any variations, encumbrances, and planning controls before you commit. Order a Current Title / State Lease search ($74.50 AUD through TitleFinder) as the starting document, then add unit plans, planning certificates and dealings based on what the title reveals.
ACT Crown Lease: The Core Difference
Unlike freehold states, every ACT property sits on a Crown (State) lease issued by the Territory. The lease dictates:
- The term and expiry date
- The permitted use (e.g. commercial, mixed use)
- Development conditions and compliance requirements
- Any variations that have been registered
If the lease expires soon or restricts your intended use, the purchase may not work. Always check the lease term and purpose clause first.
Documents to Order
Current Title / State Lease Search
This is the baseline document. It shows the registered proprietor, lease term, purpose clause, and all registered encumbrances including mortgages, caveats, and restrictive covenants. Price: $74.50 AUD through TitleFinder.
Unit Plan
For commercial units (offices, shops, warehouses in complexes), order the unit plan to check lot boundaries, common property, and unit entitlements. This is separate from the title search and must be ordered when the property is part of a unit title scheme.
Dealings and Instruments
If the title shows registered caveats, easements, or restrictive covenants, order the relevant instrument or dealing to read the full terms. A one-line entry on the title will not tell you whether a covenant blocks your fitout or an easement restricts access.
Planning Certificate
A planning certificate confirms the zoning and any planning controls affecting the site. For commercial buyers, this verifies whether your intended business use is permitted and what development constraints apply.
Lease Variation
If the Crown lease has been varied, order the variation document. Variations can change the permitted use, add conditions, or alter development requirements. Never assume the current use matches the registered lease purpose.
Timing: When to Order Each Document
Before making an offer or bidding: Order the Current Title / State Lease search to confirm ownership, lease term and purpose.
During due diligence (5–10 business days into contract): Order unit plans, dealings, and planning certificates once you know what encumbrances and planning questions need answers.
Before settlement: Re-order a title search to check for new caveats, mortgages, or lease variations registered after your initial search.
Buyer Checklist
- Confirm registered proprietor matches the seller
- Check Crown lease term and expiry date
- Verify lease purpose clause allows your intended commercial use
- Review all encumbrances: mortgages, caveats, restrictive covenants
- Order and read full text of any registered covenant or easement
- For unit title properties: order unit plan, check common property and entitlements
- Order planning certificate to confirm zoning and permitted uses
- Check for lease variations and read the variation terms
- Confirm no outstanding territory charges or unregistered interests
- Re-search title immediately before settlement
Document Comparison
| Document | What It Reveals | When to Order |
|---|---|---|
| Current Title / State Lease | Ownership, lease term, purpose, encumbrances | Before offer |
| Unit Plan | Lot boundaries, common property, entitlements | During due diligence (unit title only) |
| Dealings / Instruments | Full terms of caveats, covenants, easements | During due diligence (if encumbrances found) |
| Lease Variation | Changes to lease purpose or conditions | During due diligence (if variation registered) |
| Planning Certificate | Zoning, permitted use, development controls | During due diligence |
Frequently Asked Questions
Can I rely on the seller's title search?
No. The seller's search may be outdated. New caveats, mortgages, or lease variations can be registered between the seller's search date and your contract date. Always order your own current search.
What if the Crown lease purpose does not match my intended use?
You may need to apply for a lease variation before proceeding. This process takes time and has no guaranteed outcome. Factor this into your contract conditions and timeline.
Do I need a unit plan for every ACT commercial property?
Only if the property is part of a unit title scheme. If the title references a unit plan number, order it. Freestanding commercial buildings on their own block generally will not have one.
This article provides general guidance only. For specific legal advice on your transaction, consult a qualified solicitor or conveyancer.
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.
