Quick Answer
A title search for refinancing in the Australian Capital Territory must confirm current ownership, verify Crown lease conditions, identify restrictive covenants, check unit plan details (for apartments and townhouses), and reveal any lease variations or registered interests. Order a Current Title / State Lease search through TitleFinder for $74.50 AUD, plus any additional documents your lender requires.
Why ACT Refinance Due Diligence Differs from Other States
The ACT operates under a leasehold system. Residential and commercial blocks are held under Crown leases (referred to as "state leases" in current records). This means your refinance due diligence must cover not just standard title details—ownership, encumbrances, easements—but also the lease conditions governing how the land can be used and improved.
Lenders assessing a refinance application look for risks tied to the lease: unpaid rent, unapproved use, outstanding lease variations, or building covenants that affect security. Missing any of these can delay settlement or breach a loan condition.
Documents to Order for an ACT Refinance Title Search
Below is a breakdown of which official property records answer which questions, and when to order each document.
Current Title / State Lease Search
This is the starting document for every ACT refinance. It confirms:
- Current registered proprietor
- Lease term and commencement date
- Annual rent payable and whether it is current
- Registered encumbrances, mortgages and caveats
- Easements and profit à prendre
Order this first. The lease terms here determine whether subsequent document orders are necessary.
Current Title / State Lease search through TitleFinder: $74.50 AUD.
Unit Plan Search
If the property is a unit, apartment or townhouse within a unit plan, order the unit plan and relevant schedule of unit entitlements. This reveals:
- Boundaries of the unit and common property
- By-laws restricting use, renovations or pet ownership
- Unit entitlement percentages (affects body corporate levies and voting rights)
Order when the title reference includes a unit plan number or when the property is strata-titled.
Lease Variation Documents
Crown leases can be varied—changes to use clauses, building and siting requirements, or additional conditions. A lease variation is registered as a dealing on the title. Check whether any variation:
- Changes the permitted use in ways your lender may not accept
- Adds conditions that restrict future development or alterations
- Has not been properly registered, which could signal compliance issues
Order the lease variation instrument when the Current Title / State Lease search lists a registered variation dealing number.
Restrictive Covenants
Older ACT leases often include restrictive covenants—registered conditions limiting building height, materials, facade design, or land subdivision. Even if a covenant appears outdated, it remains enforceable until formally released or varied. Conveyancers should confirm whether covenants on the title still affect the property or have been superseded.
Planning Certificate
A planning certificate confirms the zoning and applicable planning controls. It answers whether the current use matches the permitted zone use—relevant when a lender is assessing risk on a security property. Order when the Crown lease use clause is broad or ambiguous, or when the property has changed use since the lease was granted.
ACT Refinance Title Search Checklist
Use this checklist to track document orders and review items:
- Order Current Title / State Lease search ($74.50 AUD via TitleFinder)
- Verify current registered proprietor matches borrower names
- Check Crown lease term—confirm sufficient years remaining for lender requirements
- Review annual rent status for arrears or defaults
- Note all registered encumbrances: existing mortgages, caveats, easements
- If unit plan property: order unit plan and by-laws; confirm entitlements and levy amounts
- If lease variation dealings appear: order variation instruments and assess impact on use
- Identify and assess restrictive covenants; determine if they require release or variation
- Order planning certificate if zoning or use compliance needs confirmation
- Cross-check property details (address, lot/section) against lender instructions and contract
- Confirm discharge of existing mortgage is on track for settlement
Document Comparison: What Each Record Covers
| Document | Key Information | When to Order |
|---|---|---|
| Current Title / State Lease | Ownership, lease term, rent, encumbrances, easements | Every refinance—order first |
| Unit Plan | Unit boundaries, common property, by-laws, entitlements | Strata or unit title properties only |
| Lease Variation Instrument | Changes to use, siting, or conditions | When variation dealings appear on title |
| Planning Certificate | Zoning, permitted uses, overlay controls | When use compliance is uncertain |
| Restrictive Covenant Instrument | Building or use restrictions on the lease | When covenants appear on title or lease |
Timing: When to Order ACT Title Searches for Refinance
Order the Current Title / State Lease search as soon as your lender confirms refinancing instructions—typically 4–6 weeks before settlement. Early ordering matters because:
- Lease variation instruments and planning certificates can take additional processing time
- Discovering an unregistered variation or a restrictive covenant breach may require remediation before the lender approves the new loan
- Body corporate records for unit plans may need separate requests, adding days to the timeline
Allow at least two weeks for all documents to be returned and reviewed before your lender's valuation and formal approval stage.
Local Risk Notes for ACT Refinancing
Crown Lease Rent Reviews
ACT Crown leases are subject to periodic rent reviews. An overdue rent obligation or an upcoming rent increase can affect the lender's assessment of borrower capacity. Check the rent amount and next review date on the lease.
Unapproved Use or Improvements
If the property use has changed without a lease variation—for example, converting a residential dwelling to a short-term rental in a zone that does not permit it—the lease terms may be breached. This is a standard ACT risk that official property records will flag through the use clause and any registered variations.
Unit Plan By-law Compliance
For apartments and townhouses, by-laws may restrict renovations, pet ownership, or subletting. Lenders will want to know the property can be lawfully occupied under the by-laws, as this affects rental income projections and resale risk.
Restrictive Covenants on Older Leases
Some older ACT leases carry covenants restricting fence types, secondary dwellings, or commercial use from the front of the block. These covenants run with the land and can limit development options that a borrower or lender may be relying on.
Frequently Asked Questions
Do I need a new title search if I already have one from when I purchased the property?
Yes. Changes to the title—new caveats, lease variations, or registered interests—can occur after purchase. Lenders require a current search, typically dated within 3–6 months of settlement, to confirm the title state at the time of refinancing.
What happens if there is a lease variation I did not apply for?
A lease variation registered on the title may have been initiated by a government authority or a previous owner. Order the variation instrument to understand the changes. If the variation affects permitted use or adds conditions, discuss with your conveyancer or solicitor before proceeding.
Can a restrictive covenant on an ACT lease be removed?
Restrictive covenants on Crown leases can sometimes be varied or released through an application to the relevant authority, but the process is not automatic. Until a release is registered, the covenant remains enforceable. Factor potential delays into your refinance timeline if a covenant needs to be addressed.
This article is general information only and does not constitute legal advice. 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.