Quick Answer
Unlike other states, all land in the Australian Capital Territory is held under Crown lease, not freehold. A property title search ACT must confirm the specific lease terms, any variations, unit plan details, and restrictive covenants before settlement. You can order a Current Title / State Lease search through TitleFinder for $74.50 AUD.
Why ACT Title Searches Differ
When you buy property in the Australian Capital Territory, you are acquiring a lease from the Crown, typically for 99 years. This means a title search Australian Capital Territory is not just about checking for mortgages or easements; it requires a careful review of the lease conditions. Missing a lease variation or a restrictive covenant can restrict what you build or how you use the land. Thorough property due diligence ACT protects you from settling on a property that cannot meet your intentions.
The Buyer's Due Diligence Checklist
Use this checklist to track what to order and review before settlement.
- Current Title / State Lease: Verify the registered owner, lease term expiry, and annual rent. Confirm rent reviews are up to date. Order through TitleFinder for $74.50 AUD.
- Lease Variation: Check if the original lease purpose or conditions have been varied. A variation might permit different land use, but it may also introduce new obligations.
- Unit Plan: For townhouses and apartments, review the unit plan to understand unit entitlements, common property boundaries, and any exclusive use areas.
- Restrictive Covenants: Identify any covenants restricting building materials, dwelling size, or further subdivision.
- Easements and Encumbrances: Check for rights of way, drainage easements, or other encumbrances that affect the property.
- Planning Certificate: Order a planning certificate to confirm zoning, permissible uses, and any development constraints that might not appear on the title.
Crown Lease Specifics
The Crown lease is the foundation of property due diligence ACT. You must check the lease term. Most residential leases are 99 years, but remaining terms can vary depending on when the lease was granted. Check the lease purpose clause. If the lease specifies "single residential dwelling", you cannot lawfully operate a business or build dual occupancy without a lease variation. Also, check the unimproved value and any annual Crown rent. If rent has not been paid, it becomes a debt on the property that the buyer inherits after settlement.
Unit Plan Specifics
If you are buying a unit, townhouse, or apartment, the title will reference a unit plan. Your title search Australian Capital Territory must include reviewing this plan. The unit plan dictates your unit entitlement, which determines your voting rights and strata levy contributions. It also shows common property. Knowing whether a courtyard or carport is part of your unit or common property prevents disputes with the owners corporation. Order the unit plan as a separate instrument if it is not included in the initial search.
Restrictive Covenants and Easements
Restrictive covenants in the ACT often dictate building design, fencing requirements, or land use. They are enforceable by the Crown or neighbouring lessees. When reviewing your property title search ACT, read the covenants carefully. A covenant might require you to build with brick construction, maintain a specific roof pitch, or retain existing trees. Easements are equally important. An easement for services allows utilities to run under your property, restricting where you can build. Encumbrances might also include rights of way benefiting a neighbour. If a title lists an encumbrance, order the dealing or instrument to read the exact terms.
When to Order Dealings and Instruments
Many titles will reference a dealing or instrument number for easements, covenants, or lease variations. The title search provides a summary, but it does not include the full text of these documents. When your property title search ACT returns a reference to an encumbrance or variation, you must order the specific instrument to read the exact terms. For example, an easement for drainage will be listed on the title, but the dealing will specify the exact location and width of that easement. Ordering the instrument is essential before settlement to fully understand your obligations.
Planning Certificates
A planning certificate provides information on zoning and planning controls affecting the property. While not part of the title itself, it is essential for property due diligence ACT. It reveals whether the property is affected by bushfire prone mapping, heritage overlays, or road widening intentions. It also confirms the permissible uses for the land under local planning schemes. Order this before making an offer if you intend to redevelop or change the property's use.
Document Comparison: What to Order
| Document | Question It Answers | When to Order |
|---|---|---|
| Current Title / State Lease | Who owns it? What is the lease term and rent? | Always, before exchange |
| Lease Variation | Has the lease purpose or conditions changed? | If lease has been varied |
| Unit Plan | What are the unit entitlements and boundaries? | For strata/unit properties |
| Planning Certificate | What zoning applies? Can I build or subdivide? | Before making an offer |
| Dealings / Instruments | What are the exact terms of an easement or covenant? | If listed on the title |
Frequently Asked Questions
1. What is the difference between a title and a Crown lease in the ACT?
In the ACT, there is no freehold land. The title you receive is effectively a leasehold interest granted by the Commonwealth. The "title" document shows the current registered owner, while the "State Lease" sets out the specific conditions, term, and rent for that parcel of land.
2. Can I change the purpose of my Crown lease?
Yes, but you must apply for a lease variation. This process changes the permitted use on the official property records. A variation typically requires a change of use charge and approval from planning authorities. Always check if previous variations have been properly registered.
3. How do I check for unpaid Crown rent?
Your conveyancer will check for outstanding rates and taxes during settlement adjustments. However, a property title search ACT will show the annual rent amount and whether it is subject to review. Confirm rent is up to date to avoid inheriting the seller's debt.
This article provides general information only. Always consult a qualified conveyancer or solicitor for advice specific to your transaction.
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.