Quick Answer
A property title search ACT confirms the Crown lease terms attached to every block in the territory. Before you sign, verify lease conditions, unit plan details (if applicable), restrictive covenants, any lease variations, and obtain a planning certificate. Order a Current Title / State Lease search through TitleFinder for $74.50 AUD to begin.
Why ACT Titles Are Different
The Australian Capital Territory operates on a leasehold system. Unlike other states where you hold freehold title, in the ACT the Crown grants you a lease — typically 99 years. Your "title" is a Crown lease. This means the lease conditions, not just the land description, control what you can build, how you must maintain the property, and whether you can subdivide. A title search Australian Capital Territory must account for this structure from the outset.
Buyer Due Diligence Checklist
Work through each item below. Where a check raises questions, order the additional document noted in the table further down.
1. Confirm the Current Lease Holder
Verify the registered leaseholder matches the seller on your contract. The Current Title / State Lease search lists the registered holder. If there is a discrepancy — for example, a deceased estate or a company in liquidation — your conveyancer must resolve it before settlement.
2. Check Lease Term and Expiry
Most ACT Crown leases run for 99 years from the date of grant. Confirm the remaining term. A lease with only 20 years left will limit your finance options and resale value. The expiry date appears on the lease document returned with your search.
3. Review Permitted Use and Development Conditions
The Crown lease specifies permitted land use (residential, commercial, mixed) and may include development conditions such as building envelopes, setbacks, or material requirements. If you plan to renovate or redevelop, check that the lease allows it. If the permitted use does not cover your intended use, a lease variation is required — a separate application process with the territory planning authority that can take months.
4. Identify Restrictive Covenants
Restrictive covenants are binding conditions that limit what the leaseholder can do. Common ACT examples include limits on building height, requirements for landscaping, or restrictions on operating certain businesses. These appear on the lease and are enforceable. If a covenant blocks your plans, you cannot ignore it — removal or variation requires a formal process.
5. Check for Lease Variations
A lease variation changes the original lease terms. It might alter permitted use, relax a building condition, or adjust a covenant. Variations are registered against the title. When you review your title search results, look for any noted variations and order the variation instrument if the summary lacks full detail. Variations directly affect what you can do with the property, so understand every change that has been registered.
6. Unit Plan Checks (Townhouses and Apartments)
For strata or unit-title properties, the unit plan defines your lot, common property, and unit entitlement. Order the unit plan if it is not included in your title search results. Key things to confirm:
- Lot boundaries match the marketing material
- Common property boundaries are clear
- Unit entitlement percentage (this determines your body corporate levy share)
- Any exclusive use areas attached to your unit
7. Obtain a Planning Certificate
A planning certificate reveals zoning and planning controls applicable to the property. It tells you whether the current use is lawful, what future development is permitted, and whether any planning overlays apply (heritage, bushfire, etc.). This is separate from the title search and is ordered from the territory planning authority. Your conveyancer should obtain this as part of property due diligence ACT.
8. Check for Encumbrances, Mortgages and Caveats
Your title search lists any registered mortgages, caveats, or other encumbrances. Mortgages must be discharged at settlement. Caveats indicate a third party claims an interest — investigate before proceeding.
Document Comparison: What to Order and When
| Document | What It Reveals | When to Order |
|---|---|---|
| Current Title / State Lease | Leaseholder, lease term, permitted use, covenants, encumbrances | Always — starting point ($74.50 AUD via TitleFinder) |
| Lease Variation Instrument | Full details of changes to original lease terms | When a variation is noted on the title |
| Unit Plan | Lot boundaries, common property, unit entitlement | When buying a unit-title property |
| Planning Certificate | Zoning, permitted development, planning overlays | Always — order alongside the title search |
| Dealing / Instrument | Full text of a specific registered encumbrance or covenant | When an encumbrance code appears and you need the detail |
Common ACT Title Risks Buyers Miss
Crown lease use restrictions: Buying a residential property and planning to run a home business? The lease may prohibit non-residential use. Check before you commit.
Unregistered lease variations: If the seller tells you a variation was approved but it does not appear on the title in official property records, it is not enforceable. Only registered variations count.
Unit plan discrepancies: Marketing plans do not always match the registered unit plan. A garage shown as part of your lot might actually be common property. Always compare the registered plan.
Outstanding lease charges: ACT leases may include annual charges. Confirm these are paid up to date through settlement adjustments.
Frequently Asked Questions
Do I own the land if it is a Crown lease?
You hold a leasehold interest, not freehold. For most practical purposes, a 99-year Crown lease functions like ownership — you can sell, mortgage, and develop within the lease terms. But the underlying freehold remains with the Crown. Your rights are defined by the lease conditions.
How do I find out if a lease variation has been approved?
A registered lease variation will appear on the title when you conduct a property title search ACT. If someone claims a variation exists but it does not appear in official property records, it has not been registered and is not yet in force. Order the variation instrument for the full detail of any registered change.
Is a planning certificate the same as a title search?
No. A title search confirms lease terms, ownership, and registered encumbrances. A planning certificate confirms zoning and planning controls under the territory planning framework. Both are essential for complete property due diligence ACT. Order them in parallel to avoid delays.
Have your conveyancer or solicitor review the results of your title search and planning certificate before you go unconditional. This guide is for informational purposes and does not replace professional legal advice.
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.