Quick Answer
Before making an offer on any ACT property, order a Current Title / State Lease search ($74.50 AUD through TitleFinder) and check the Crown lease term and conditions, rent review provisions, restrictive covenants, any registered lease variations, and—for units and townhouses—the unit plan. Cross-reference the planning certificate for permitted land uses. Missing any of these can lock you into conditions you cannot renegotiate after exchange.
Why ACT Property Titles Are Different
Unlike other Australian jurisdictions where freehold title is the norm, almost all land in the Australian Capital Territory is held under Crown lease. Your "title" is actually a leasehold interest granted by the Commonwealth. The lease document sets out what you can and cannot do with the property—and those terms are not negotiable after you sign the contract. A property title search ACT is not just about confirming ownership; it is about understanding the lease conditions that govern your use of the land.
The Buyer Checklist: What to Check Before Making an Offer
1. Crown Lease Term and Expiry
Check how many years remain on the Crown lease. Most residential leases in the ACT are 99 years, but some older leases may have shorter terms remaining. A lease with only 20 years left can affect finance approval and resale value. The lease term appears on the title document returned in your search results.
2. Lease Purpose Clause
The Crown lease specifies the permitted purpose—typically "residential" for houses and apartments. If you plan to run a business from home, subdivide, or redevelop, the purpose clause may prevent it. Changing the purpose requires a lease variation application with separate fees and no guarantee of approval. Check this clause before you offer, not after.
3. Rent Review Provisions
Some older ACT leases carry annual rent charges payable to the Territory. Most residential Crown leases now have a peppercorn rent, but commercial and mixed-use leases often include reviewable rent. Your title search will show whether rent is charged and the review mechanism. Factor this into your holding costs before committing.
4. Restrictive Covenants
Restrictive covenants registered on the title limit what you can build or do on the land. Common examples include building height limits, setback requirements, material specifications for fences, and restrictions on keeping certain animals. These run with the land and bind every subsequent owner. They appear in the encumbrances section of the title search. If a covenant conflicts with your plans, do not assume you can remove it—variation or surrender is difficult and may require tribunal approval.
5. Lease Variations
A lease variation changes the original lease terms—commonly the purpose clause, development conditions, or site area. If a previous owner varied the lease, the variation is registered on the title. Check whether any variations exist and whether they benefit or restrict your intended use. A variation permitting higher-density development may increase value; one imposing a setback may reduce it. Order the variation document through TitleFinder if you need the full wording.
6. Unit Plan Details
For apartments and townhouses, the unit plan defines your lot boundaries, common property, and unit entitlement. Unit entitlement determines your body corporate levies and voting rights. A title search Australian Capital Territory will reference the unit plan number, but you may need to order the plan separately to see the actual boundary drawings. Check that the unit plan matches the physical layout—discrepancies between the registered plan and built form are not uncommon in older complexes.
7. Planning Certificate
A planning certificate is separate from the title but essential for property due diligence ACT. It confirms the zoning, overlays, and planning controls that apply to the block. If you are considering renovation or redevelopment, the planning certificate tells you whether your project is possible under current rules. Order this alongside your title search.
8. Registered Mortgages, Caveats, and Easements
The title search lists all registered interests: mortgages, caveats, easements, and profit à prendre. Confirm that any mortgages will be discharged at settlement. Check easements for drainage, sewer, or right-of-carriageway that may restrict where you can build. Caveats signal that someone else claims an interest in the property—investigate before you proceed.
What Each Document Covers
| Document | Key Information | When to Order |
|---|---|---|
| Current Title / State Lease | Owner, lease term, purpose, rent, covenants, encumbrances | Always—before every offer |
| Unit Plan | Lot boundaries, common property, unit entitlement | When buying a unit or townhouse |
| Lease Variation Document | Full terms of any registered variation | When a variation is listed on the title |
| Planning Certificate | Zoning, overlays, development controls | When renovation or redevelopment is planned |
| Crown Plan / Deposited Plan | Block boundaries, dimensions, easement locations | When boundary position matters or fencing is planned |
When to Order Additional Documents
Your base title search flags the existence of registered instruments—covenants, easements, variations, unit plans—but it may not include the full text or drawings. Order the underlying document when:
- A restrictive covenant is listed and you need the exact restrictions
- A lease variation appears and you need to understand what changed
- The property is a unit and you need to confirm entitlements and boundaries
- An easement is registered and you need its precise location on the plan
These documents are available through TitleFinder as additional searches at the point of ordering.
Practical Caveat
This guide covers what to check, not what to do about problems you find. If a title issue could affect your purchase decision or finance, consult your conveyancer or solicitor before proceeding. TitleFinder supplies the official property records; your legal adviser tells you what they mean for your contract.
Frequently Asked Questions
Is ACT land freehold or leasehold?
Almost all land in the ACT is held under Crown lease. You hold a leasehold interest for a fixed term, not the land outright. The lease conditions control what you can do with the property, which is why reading the lease is essential before making an offer.
Can I change the purpose clause in my Crown lease?
Yes, through a lease variation application. This is a separate process that attracts fees and requires approval from the relevant authority. Approval is not guaranteed and can take weeks or months. Factor this timeline into your purchase decision if you need a different purpose.
What does unit entitlement mean on an ACT title?
Unit entitlement is the proportion of the total that your lot represents. It determines your share of body corporate levies and your voting weight in body corporate decisions. A higher entitlement means higher ongoing costs. Always check this figure in the unit plan before you offer.
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.