Quick Answer
For a development application in the Australian Capital Territory, start with a Current Title / State Lease search ($74.50 AUD through TitleFinder), then order the full Crown lease document, any lease variations, the unit plan if applicable, and a planning certificate. Each document answers a different question about permitted use, building restrictions, and zoning. This article sets out what to check, which document answers which question, and when to order.
Why ACT Title Searches Differ for Development Applications
In the ACT, most land is held under Crown lease rather than freehold. The lease controls what you can build and how you can use the land. A standard title search alone will not give you the full picture. You must check the lease terms, any variations, and associated planning controls before you lodge a DA.
Key Documents to Order
Current Title / State Lease Search
This is your starting point. It shows the current leaseholder, lease term, rent, and lists all registered encumbrances such as mortgages, easements, and covenants. Order this through TitleFinder for $74.50 AUD.
Crown Lease Document
The full Crown lease sets out permitted use, development conditions, and ongoing obligations. If the title references a specific lease instrument, order that dealing to read the exact conditions that apply to your site.
Lease Variation
Lease variations modify the original lease terms—often changing permitted use or removing restrictions. Check whether any variations have been registered and read each one in full. A variation may enable your intended use, or it may impose new conditions you were not expecting, such as higher rent or additional design requirements.
Unit Plan
If the property is part of a unit plan, order the unit plan and its associated schedule of unit entitlements. The unit plan defines common property, exclusive use areas, and any by-laws that could restrict external alterations required for your development.
Restrictive Covenants
Registered covenants can limit building height, materials, setbacks, or the type of structure allowed. These are binding and may override what planning controls permit. Always check for covenants on both the subject site and adjacent lots in newer estates, where developers register covenants across multiple lots.
Planning Certificate
A planning certificate confirms the zoning and applicable planning controls for the site. For DA due diligence, this document tells you whether the land is in a zone that permits your proposed use, and what overlays or special controls apply.
Local Risk Areas in the ACT
Crown Lease Use Restrictions
ACT Crown leases often include use clauses, development conditions, and compliance dates. If your proposed development does not match the permitted use, you will need a lease variation before lodging your DA. This can add months to your timeline and requires separate approval.
Lease Variation Traps
Some lease variations come with new conditions—higher rent, additional design requirements, or community infrastructure contributions. Always read the variation instrument in full, not just the summary on the register.
Unit Plan By-Laws
For units and townhouses, the owners corporation by-laws may restrict external modifications. Even if planning approval is likely, the by-laws may prevent you from proceeding without separate owners corporation approval.
Restrictive Covenants on Adjacent Land
In newer ACT estates, covenants registered on neighbouring properties may impose obligations on your site, such as shared driveway maintenance or building envelope restrictions. Check adjacent titles if your site is in a new subdivision.
Timing: When to Order Each Document
- Before contract exchange or auction: Current Title / State Lease search ($74.50 AUD) plus the full Crown lease document.
- During due diligence period: Lease variations, unit plan and by-laws, restrictive covenants.
- Before lodging a DA: Planning certificate to confirm zoning and controls.
ACT DA Title Search Checklist
- Order Current Title / State Lease search
- Review lease term, permitted use, and rent
- Order and read the full Crown lease document
- Check for registered lease variations—read each one
- Identify any restrictive covenants on the title and adjacent titles
- If a unit property, order the unit plan and by-laws
- Order a planning certificate to confirm zoning
- Cross-check proposed development against all lease conditions and covenants
- Confirm whether a lease variation is needed before DA lodgement
- Document all findings for your DA submission
Document Comparison
| Document | What It Shows | When to Order |
|---|---|---|
| Current Title / State Lease | Leaseholder, term, encumbrances, registered interests | First — before contract |
| Crown Lease Document | Permitted use, development conditions, obligations | Immediately after title search |
| Lease Variation | Changes to original lease terms | If referenced on title |
| Unit Plan and By-Laws | Lot boundaries, common property, entitlements, modification rules | If property is a unit |
| Planning Certificate | Zoning, overlays, planning controls | Before DA lodgement |
Frequently Asked Questions
Do I need a lease variation before lodging my DA in the ACT?
If your proposed development does not match the permitted use in the Crown lease, you need a lease variation first. Check the lease document early—this process can take several months and requires separate approval before your DA can succeed.
What is the difference between a Current Title search and a Crown Lease document?
The Current Title / State Lease search gives you a summary of the register: leaseholder, term, rent, and listed encumbrances. The Crown Lease document is the full instrument with all conditions, permitted use, and development requirements. You need both for complete DA due diligence.
Can restrictive covenants be removed for a development application?
Removing or varying a restrictive covenant in the ACT requires a formal process and is not guaranteed. Factor this into your timeline and risk assessment before committing to a purchase or DA. Seek legal advice on the specific covenant and your options.
This article is for informational purposes and does not constitute legal advice. Always verify details against current official property records.
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.
