Quick Answer
In the ACT, all land is held under Crown lease rather than traditional freehold. Lease conditions, variations and planning controls can directly restrict what you can build, subdivide or rent. A Current Title and State Lease search through TitleFinder ($74.50 AUD) gives you the register entry and lease schedule—the essential starting point for any title search property investor ACT transactions require.
Why ACT Title Searches Work Differently
Unlike states where freehold title is the norm, every ACT property sits on a Crown lease issued for a fixed term—typically 99 years. The lease sets out permitted land use, development conditions and any restrictions. Those lease terms can be varied over time, and a variation that looks minor on paper can change what an investor can do with a site.
Checking the title alone is not enough. You also need to review the lease schedule, any registered variations, unit plans (for strata), and planning certificates. Reviewing property title documents Australian Capital Territory records hold is the foundation of sound property investor due diligence.
What to Order and When
1. Current Title / State Lease Search
Your first order. This confirms the registered owner, lease term, and lists all encumbrances, mortgages, caveats and easements currently registered against the property. The included lease schedule tells you the permitted land use and any special conditions. Cost: $74.50 AUD through TitleFinder.
2. Unit Plan Search
Order this before purchasing any apartment or townhouse. The unit plan shows unit entitlements, common property boundaries, and any by-laws registered against the plan. It answers whether your renovation plans or short-term rental strategy comply with the scheme's rules.
3. Lease Variation Documents
If the title search shows a lease variation has been registered, order the instrument. Variations can change permitted use, add or remove development conditions, or adjust boundary descriptions. Without reading the actual variation document, you are relying on a register summary that may not capture the full effect.
4. Planning Certificate
A planning certificate confirms the zoning and planning controls that apply to the site. Order one before you commit if your strategy depends on redevelopment, subdivision or a change of use. The lease may permit a use that the current planning overlay does not—or vice versa.
Local Risks to Check
Crown Lease Conditions
Lease purpose clauses can restrict you to residential use only, prohibit certain business activities, or require specific development outcomes. If the lease says "single dwelling only," subdividing the block later will require a lease variation—which is not guaranteed approval.
Restrictive Covenants
Covenants registered on title may limit building materials, fence heights, or require heritage-style facades. These run with the land and bind new owners regardless of whether they read them before settlement.
Unit Plan By-Laws
For units and townhouses, check by-laws on pets, parking, short-term letting and renovation approvals. A by-law prohibiting short-term rental can shut down a yield strategy before it starts.
Lease Variations
Check whether any variation has changed the lease purpose, added conditions, or affected the lease term. A variation may also trigger additional requirements such as infrastructure contributions or design review conditions.
Encumbrances and Easements
Sewer easements, stormwater rights and access covenants are common in ACT developments. They can restrict where you can build and may require setback adjustments for extensions or new builds.
Investor Title Search Checklist
- Order a Current Title / State Lease search ($74.50 AUD) as your first step
- Confirm the lease term and expiry date—short remaining terms can affect financing
- Check the lease purpose clause matches your intended use
- Review all encumbrances, easements and caveats listed on title
- For units or townhouses: order the unit plan and read all by-laws
- Request the full lease variation instrument if any variation is noted on title
- Order a planning certificate to confirm zoning aligns with your strategy
- Cross-check restrictive covenants against your renovation or development plans
- Verify that mortgage discharges are registered if the seller claims clear title
- Flag any unresolved caveat or court order for your conveyancer to review before exchange
Document Comparison
| Document | Key Question It Answers | When to Order |
|---|---|---|
| Current Title / State Lease | Who owns it? What encumbrances exist? What does the lease allow? | Always—first order |
| Unit Plan | What are the entitlements, common property and by-laws? | Before buying any strata unit |
| Lease Variation | Has the lease purpose or a condition changed since issue? | When a variation is noted on title |
| Planning Certificate | What zoning and overlay controls apply? | Before committing if redevelopment or change of use is planned |
Frequently Asked Questions
Can I invest in an ACT property without checking the Crown lease?
You can, but it creates real risk. The lease controls what you can do with the land. If the permitted use does not match your investment strategy, you may need a lease variation—which requires separate approval and takes time. Always review the lease schedule before committing.
What is the difference between the title and the State Lease?
The title refers to the register entry that shows ownership and encumbrances. The State Lease (Crown lease) is the underlying lease document that sets out land use, term and conditions. The TitleFinder Current Title / State Lease search includes both in one result.
Do I need a planning certificate as well as a title search?
They answer different questions. The title and lease schedule tell you what is registered on the property record. The planning certificate tells you what the current planning framework permits. A use allowed under the lease may be restricted by planning rules, or a planning zone may allow uses the lease does not. For property investor due diligence, checking both is the safe approach.
This article is for general information only and does not constitute legal advice. Consult a qualified conveyancer or solicitor on specific transactions.
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.
