Quick Answer
When buying property in the Australian Capital Territory, a standard land title search is not enough. All ACT freehold land is held under a Crown lease, meaning you must review the lease, unit plans (for townhouses and apartments), and any lease variations or restrictive covenants. Ordering a Current Title / State Lease search through TitleFinder for $74.50 AUD gives you the base documents, but conveyancing preparation requires checking several additional instruments to confirm permitted use, development conditions, and ongoing obligations.
ACT Property Title Search Checklist
Use this checklist to guide your property due diligence in the ACT:
- Current Title / State Lease: Order through TitleFinder ($74.50 AUD). Confirms the registered owner, lease term, and any registered encumbrances, easements, or covenants.
- Crown Lease Details: Verify the lease term start date, end date, and any rent review provisions. Identify the permitted land use outlined in the lease.
- Lease Variations: Check if the Crown lease has been varied. A variation can change permitted uses, development conditions, or remove old restrictions. Order the specific instrument if a variation is noted on the title.
- Unit Plans: For apartments and townhouses, order the unit plan. This defines the boundaries of the unit, common property, and your proportional unit entitlement.
- Restrictive Covenants: Identify any covenants that limit building materials, dwelling colours, or subdivision. These are enforceable by the original developer or other lot owners.
- Easements and Encumbrances: Locate any rights of way, drainage easements, or positive covenants for maintenance. Determine who benefits from and is burdened by these interests.
- Planning Certificates: Obtain a planning certificate from official property records. This confirms the zoning, development potential, and any outstanding compliance issues.
Understanding ACT-Specific Risks
Conducting a title search Australian Capital Territory requires attention to local factors that differ from other states.
Crown Leases
Unlike other jurisdictions where freehold means absolute ownership, ACT land is held under a Crown lease from the government. The lease dictates what you can do with the land. If you intend to change the property's use—such as converting a residential dwelling into a home business—you must ensure the Crown lease permits it. If not, a formal lease variation is required, which involves an application process and additional costs.
Unit Plans and Common Property
If you are purchasing a townhouse or apartment, the unit plan is vital. It dictates your unit entitlement, which determines your voting power and contribution to body corporate levies. Check the plan for exclusive use areas like courtyards or car spaces, and verify that physical structures match the registered plan.
Lease Variations
Lease variations alter the original conditions of the Crown lease. A previous owner may have varied the lease to allow a second dwelling or a commercial use. Always order the specific lease variation instrument noted on the title to understand the current development conditions and whether they suit your intended use.
Restrictive Covenants
Older ACT titles often contain restrictive covenants imposed when the land was first released. These can dictate fence heights, building materials, or even prohibit certain structures. Even if local planning laws now permit what a covenant restricts, the covenant remains enforceable unless formally discharged.
Planning Certificates
A planning certificate provides official confirmation of the property's zoning and any applicable development controls. It reveals whether the current use is lawful, what future developments are permissible, and if there are any specific planning overlays like bushfire or heritage constraints. This is separate from the title but essential for full property due diligence ACT.
Document Guide: What to Order
Knowing which document answers your specific question streamlines the conveyancing process. Use the table below to determine when to order a plan or dealing.
| Question | Document to Check |
|---|---|
| Who owns the property and what are the lease terms? | Current Title / State Lease |
| Has the permitted land use changed? | Lease Variation Instrument |
| What are the boundaries of my apartment and common property? | Unit Plan |
| Are there limits on building materials or subdivision? | Restrictive Covenants on Title |
| Can I subdivide or build a second dwelling? | Planning Certificate and Crown Lease |
| Are there drainage or right of way restrictions? | Easements on Title |
Frequently Asked Questions
What is the difference between a title and a Crown lease in the ACT?
In the ACT, the title is the register entry that records ownership, encumbrances, and interests. The Crown lease is the primary document detailing your rights to use the land, including the term, rent, and permitted use. A property title search ACT will provide both the title and the Crown lease together.
When should I order a lease variation document?
You should order a lease variation document when the current title notes that the Crown lease has been varied. If you are planning a development or change of use, checking the variation ensures you understand the current development conditions rather than relying on the original lease terms.
Do I need a planning certificate if I am not developing the property?
Yes. A planning certificate confirms the lawful use of the property. Even if you are not developing, you need to know if the current use matches the zoning, or if there are any bushfire, heritage, or contamination overlays that affect your obligations as a property owner.
Note: This information is for general guidance. Always consult a qualified conveyancer or legal professional regarding your specific 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.
