Quick Answer
When buying a strata or unit title property in the ACT, you must check the crown lease conditions, unit plan details, restrictive covenants, lease variations, and planning certificates. A title search strata title through TitleFinder reveals these risks before you commit.
Why ACT Strata and Unit Titles Are Different
ACT strata and unit titles sit on crown lease land. This is not freehold. The lease terms dictate what you can and cannot do with the property. Missing a lease condition or unit plan encumbrance can lock you into restrictions you did not expect.
Crown Lease Checks
Every ACT residential property sits on a crown lease. For strata and unit titles, the crown lease applies to the whole parcel, not just your unit. When you order a Current Title / State Lease search through TitleFinder ($74.50 AUD), check these items:
- Lease term and expiry date. Most residential leases run for 99 years. Confirm how many years remain.
- Permitted use. The lease specifies whether the property must be used as a residence. If you plan to run a business from the unit, check that the permitted use allows it.
- Development conditions. Some leases require the leaseholder to complete construction within a set timeframe or maintain the building to a certain standard.
- Lease variation conditions. If the lease has been varied, the variation document shows what changed. A variation might allow additional dwellings or change the permitted use.
Unit Plan Risks
ACT unit plans define your unit boundaries, common property, and unit entitlements. Order the unit plan when you order the title search strata title. Check these details:
- Unit boundaries. Walls, floors, and ceilings may be common property or part of your unit. This affects who pays for repairs.
- Common property areas. Driveways, gardens, and structural elements are usually common property managed by the owners corporation.
- Unit entitlement. Your entitlement determines your voting power and contribution to levies. Confirm it matches what the seller told you.
- By-laws registered on the unit plan. These govern pets, renovations, noise, and parking.
Restrictive Covenants
Restrictive covenants on an ACT title limit what you can do. Common examples include building height limits, facade requirements, or bans on certain structures. Covenants can apply to the crown lease or the unit plan. Search for covenants in the crown lease document, any lease variation, and instruments registered against the title. If you plan to renovate or extend, confirm no covenant blocks your plans.
Lease Variations
A lease variation changes the original crown lease terms. Variations are common in the ACT and can add conditions, change permitted use, or allow subdivision. When checking the title, identify any registered variations, read the variation document to understand what changed, and note if a variation requires you to do something, like maintain landscaping or pay a charge.
Planning Certificates
A planning certificate shows the zoning and planning controls that apply to the property. It is not on the title, but it affects what you can do. Order a planning certificate separately from official property records if you need to confirm zoning and permitted uses, heritage overlays or environmental constraints, or development potential.
What Each Document Reveals
| Document | What It Reveals | When to Order |
|---|---|---|
| Current Title / State Lease | Crown lease conditions, lease term, registered interests | Always, before contract |
| Unit Plan | Unit boundaries, common property, entitlements | For all strata/unit purchases |
| Lease Variation | Changes to original lease terms | If variations are noted on the title |
| Planning Certificate | Zoning, planning controls, development potential | If you plan to develop or change use |
| Restrictive Covenant Instrument | Specific use or building restrictions | If a covenant is referenced on the title |
ACT Strata and Unit Title Buyer Checklist
- Order a Current Title / State Lease search ($74.50 AUD through TitleFinder)
- Check the crown lease term, permitted use, and any conditions
- Order the unit plan and review boundaries, common property, and entitlements
- Search for restrictive covenants on the title and in the lease
- Identify any lease variations and read the variation documents
- Review by-laws registered on the unit plan
- Order a planning certificate if you plan to renovate, extend, or change use
- Check for easements or encumbrances affecting the unit or common property
- Confirm the owners corporation financials and meeting minutes from the seller or agent
- Verify that existing structures comply with the crown lease and planning rules
This is not legal advice. Consult a solicitor or conveyancer for specific guidance on your purchase.
Frequently Asked Questions
Is a strata title in the ACT the same as a unit title?
In the ACT, unit title is the standard term for what other states call strata title. The Unit Titles Act governs these properties. The principles are similar, but the local legislation and terminology differ.
Why does the crown lease matter for a strata unit?
The crown lease applies to the entire parcel, including your unit. Lease conditions can restrict your use of the property, require you to maintain the building, or impose charges. If the lease expires or is breached, all unit owners are affected.
Can I change the permitted use on a crown lease?
You can apply for a lease variation to change the permitted use. This requires approval from the relevant authority and may involve fees. Check the current permitted use before you buy, and factor in the time and cost of a variation if you need one.
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.
