Quick Answer
An off-the-plan purchase in the Australian Capital Territory requires checking the Crown lease, draft unit plan, restrictive covenants, lease variations, and planning certificates. Order a current title and state lease search through TitleFinder for $74.50 AUD to begin your off the plan due diligence before exchanging contracts.
ACT land is held under Crown lease, not freehold. This single fact changes what you must look for in a title search off the plan ACT transaction. Every block and unit sits on a lease granted by the Territory, and the terms of that lease can restrict use, require development milestones, or impose ongoing conditions. A standard freehold title check is not enough.
Key property title documents for Australian Capital Territory off-the-plan purchases
Crown lease
The Crown lease sets out permitted land use, development conditions, and ongoing obligations. For off-the-plan purchases, check:
- Whether the lease allows the intended residential or mixed use
- Development completion dates and penalties for delay
- Any requirement for Territory consent before transfer or mortgage
- Easements and encumbrances registered on the lease
Order a state lease search alongside your current title search to see both the registered proprietor and the full lease terms.
Unit plan
Off-the-plan units in the ACT are created under a unit plan. The draft unit plan may not yet be registered when you sign the contract, but you should request and review:
- Unit boundaries — walls, floors, and ceilings that define your lot
- Common property areas and your proportional share
- Any limited common property, such as exclusive-use courtyards
- Unit entitlements, which affect strata levies and voting rights
Ask the developer for the draft unit plan and compare it against the registered version once lodged. Discrepancies between what was advertised and what gets registered are a common source of disputes.
Restrictive covenants
Restrictive covenants are obligations that bind current and future owners. They can limit building materials, fence styles, parking arrangements, or whether you can keep pets. A title search should identify any covenants registered against the Crown lease or the unit plan. These covenants run with the land, not the original developer, so they will bind you after settlement.
Lease variations
In the ACT, a lease variation charge may apply if the developer has varied the Crown lease to allow higher density or different land use. Check whether:
- A lease variation has been registered
- The variation charge has been paid in full or is being deferred
- Any deferred charge will become your liability as the new lessee
Unpaid variation charges can transfer to the purchaser, making this a critical part of off the plan due diligence.
Planning certificates
A planning certificate confirms the zoning and any applicable development controls. It reveals whether the proposed development complies with planning rules and whether any conditions apply to the land. Order this from the relevant authority separately from your title search, but cross-reference it with the Crown lease to confirm permitted use.
When to order documents
| Timing | Document | Purpose |
|---|---|---|
| Before exchange | Current title and state lease search ($74.50 AUD via TitleFinder) | Confirm registered proprietor, lease terms, encumbrances |
| Before exchange | Planning certificate | Verify zoning and development compliance |
| Before exchange | Draft unit plan (from developer) | Review boundaries, common property, entitlements |
| After registration | Updated title search | Confirm new unit plan registered, check for changes |
| Before settlement | Final title search | Ensure no new encumbrances or caveats |
ACT off-the-plan buyer checklist
- Order current title and state lease search ($74.50 AUD)
- Review Crown lease for permitted use, conditions, and completion dates
- Check for restrictive covenants on the lease or unit plan
- Confirm whether a lease variation exists and if variation charges are paid
- Obtain planning certificate and cross-reference with lease
- Request draft unit plan from developer; review boundaries and entitlements
- Compare contract specifications against draft unit plan
- Order updated title search once the unit plan is registered
- Run a final title search before settlement to catch any late registrations
Each step relies on official property records. TitleFinder gives you access to these records without needing to deal directly with the registry. Your conveyancer can review the results, but ordering early means you identify problems before you are locked into the contract.
Frequently asked questions
What is the difference between a title search and a state lease search in the ACT?
A current title search confirms the registered proprietor and any registered encumbrances. A state lease search provides the full terms of the Crown lease, including permitted use and development conditions. For off the plan due diligence, you need both.
Can restrictive covenants be removed from an ACT title?
Restrictive covenants can sometimes be varied or discharged, but the process requires an application to the planning authority and may involve a lease variation. Do not assume a covenant will be removed — factor it into your purchase decision.
What happens if the registered unit plan differs from the draft?
If the registered unit plan changes boundaries, common property, or entitlements, you may have grounds to dispute the contract depending on the terms of your sale agreement. Have your conveyancer review the sunset date and variation clauses in the contract before you sign.
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.
