Quick Answer
For a first-home buyer in the ACT, a title search confirms exactly what you are purchasing, including Crown lease conditions, unit plan details, and any lease variations. Ordering a Current Title / State Lease search through TitleFinder for $74.50 AUD gives you the foundational document needed to start your first home buyer due diligence.
ACT Title Search Essentials for First-Home Buyers
Unlike standard freehold titles in other states, most residential property in the Australian Capital Territory operates under a Crown lease. This means the land is leased from the government for a specific term, typically 99 years. Your title search must confirm the lease term, the purpose for which the land can be used, and any obligations you take on as the lessee. Checking property title documents in the Australian Capital Territory early in your purchase process prevents settlement delays and identifies restrictions that could affect your future plans.
Key Property Title Documents in the Australian Capital Territory
Understanding which document answers which question helps you order the right searches at the right time.
Current Title / State Lease
This is the primary document. It confirms the current registered proprietor, the lease term, any registered encumbrances, easements, or restrictive covenants. If the property is a unit, it will also reference the specific unit plan. You must check that the lease purpose matches your intended use, such as residential, and verify if there are any conditions attached to the land, such as a requirement to maintain retaining walls.
Unit Plans
If you are buying a townhouse or apartment, the unit plan dictates your individual unit boundaries, common property boundaries, and unit entitlements. You need to order the unit plan to verify exactly what you own and what you share. It also reveals any specific by-laws affecting pets, parking, or renovations. Your unit entitlement determines your voting rights and your share of owners corporation levies, so cross-referencing the plan with the title is mandatory.
Lease Variations
A Crown lease can be varied to change the purpose clause or other conditions. You must check if there are any recent or pending lease variations. If a seller has varied the lease to allow dual occupancy, for example, the variation document proves the change is officially recorded in the official property records. Without this, a secondary dwelling might be unapproved.
Restrictive Covenants
These are rules registered on the title that restrict what you can do with the property. In newer ACT subdivisions, covenants often dictate building materials, facade colours, or landscaping requirements. Reviewing these ensures you can actually build the home extension or structure you intend. Some older properties also have covenants that restrict the height of structures or prevent commercial use.
Planning Certificates
While not part of the title itself, a planning certificate is a standard due diligence document. It outlines the zoning and applicable planning controls. You order this separately to confirm whether the property can be used as a residence, whether there are overlay controls like bushfire or heritage, and if future development is possible under local planning schemes.
First Home Buyer Due Diligence Checklist
- Order the Current Title / State Lease search ($74.50 AUD via TitleFinder)
- Verify the Crown lease term and expiry date
- Confirm the lease purpose clause allows your intended use
- Identify any registered easements like sewerage or stormwater
- Check for restrictive covenants that may prevent renovations
- Order the unit plan if buying a townhouse or apartment
- Review unit entitlements and common property boundaries
- Search for any lease variations affecting the property
- Order a planning certificate to check zoning and overlays
- Ensure the seller's name on the title matches the contract exactly
Document Comparison Table
| Document | What it Reveals | When to Order |
|---|---|---|
| Current Title / State Lease | Ownership, lease term, encumbrances, covenants | Immediately after making an offer |
| Unit Plan | Unit boundaries, common property, by-laws | When buying a unit or townhouse |
| Lease Variation | Changes to lease conditions or purpose | If the title shows a variation, or to verify approvals |
| Planning Certificate | Zoning, overlays, permitted uses | During the initial due diligence period |
When to Order Your ACT Title Search
Timing matters in the ACT. Order your title search as soon as possible after you have an agreement in place. Because ACT properties often have complex lease conditions, waiting until the last minute can mean discovering a restrictive covenant or lease variation too late to negotiate. Conveyancers rely on these official property records to prepare the transfer documents. Getting the search ordered early gives your legal representative time to review the Crown lease details and advise you correctly.
Frequently Asked Questions
What is the difference between a Crown lease and freehold?
In the ACT, you do not own the land outright; you hold a Crown lease from the government, usually for 99 years. Freehold means outright ownership of the land forever. Crown leases come with conditions about land use and obligations that freehold properties do not have.
How much does an ACT title search cost?
You can order a Current Title / State Lease search through TitleFinder for $74.50 AUD.
Do I need a unit plan for a townhouse?
Yes. If the title references a unit plan, you must order it to understand your exact unit boundaries, common property shares, and any specific by-laws attached to the complex. Without it, you cannot calculate your owners corporation obligations accurately.
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.
