Quick Answer
An ACT title search reveals Crown lease conditions, encumbrances, unit plan details and restrictive covenants that directly affect what you can build, subdivide or lease. Order a Current Title / State Lease search first ($74.50 AUD through TitleFinder), then add unit plans, lease variations and planning certificates based on the property type and your intended use.
Why ACT Titles Differ from Other States
The Australian Capital Territory operates on a leasehold system. All land is held under a Crown lease (also called a State Lease) issued by the Territory. You do not hold freehold title — you hold a lease for a fixed term, typically 99 years. That lease contains conditions controlling land use, development, subleasing and ongoing obligations. For property investor due diligence, the Crown lease is the single most important document to examine before you commit to a purchase.
Missing a lease condition or a registered restriction can block a development, limit rental income, or trigger compliance costs you did not budget for. Below is a practical breakdown of what to order, what each document tells you, and when extra searches are warranted.
Core Documents in an ACT Title Search
Current Title / State Lease Search — $74.50 AUD
This is your baseline search. It provides:
- Registered proprietor name(s)
- Crown lease term, commencement date and expiry
- Encumbrances, mortgages and caveats currently registered
- Easements affecting the parcel
- Restrictive covenants that limit use or development
- Lease conditions and any noted variations
Order this for every property. The lease conditions section alone can determine whether your intended use is even permissible.
Unit Plan
For apartments, townhouses and any property under a units plan, the unit plan defines:
- Unit boundaries and common property areas
- Car park and storage allocations
- Unit entitlements — these determine your strata levy share and voting weight
- By-laws registered against the plan that may restrict letting, pets, renovations or noise
Always order the unit plan if the property is within a units plan. By-laws can materially affect your rental yield and your ability to renovate.
Lease Variation Document
A lease variation formally changes the original Crown lease terms. Common variations include changes to permitted land use, added development conditions, modified lease boundaries or new obligations such as community facilitation charges. If the title record shows a lease variation instrument, order a copy. The variation overrides the original lease condition it addresses, and you need to understand what the current obligations actually are — not what the original lease said.
Planning Certificate
A planning certificate confirms the current zoning, overlay provisions and any development constraints applying to the land. This document answers questions the title alone may not, such as heritage overlays, bushfire-prone designations, or strategic planning reservations. Order one before you settle on a development strategy or change-of-use plan.
ACT Property Investor Due Diligence Checklist
- Order a Current Title / State Lease search through TitleFinder
- Check the Crown lease expiry date — a short remaining term can affect financing
- Read the permitted land use clause against your intended use
- Check for restrictive covenants — these may prevent subdivision, limit building height or restrict commercial use
- Review all registered encumbrances, mortgages and caveats
- Note every easement and confirm it does not conflict with your build footprint
- If a lease variation is listed, order a copy and read the varied conditions
- For unit properties, order the unit plan and read the by-laws
- Order a planning certificate to verify zoning and overlays
- Confirm the lease allows subleasing if you plan to tenant the property
- Check for any concessional or community purpose lease conditions that may restrict your rights
- Verify rates and charges are current and no government debt is registered
Document Comparison: What to Order and When
| Document | What It Reveals | When to Order |
|---|---|---|
| Current Title / State Lease | Ownership, lease term, encumbrances, covenants, easements | Always — baseline for every transaction |
| Unit Plan | Boundaries, common property, by-laws, entitlements | Any property within a units plan |
| Lease Variation | Changes to original Crown lease conditions | When a variation instrument appears on the title |
| Planning Certificate | Zoning, overlays, development constraints | Before finalising development or change-of-use plans |
Timing: When to Order Your Searches
Order your Current Title / State Lease search as early as possible — ideally before you sign or during your cooling-off period. The title tells you whether the deal is viable. Waiting until conveyancing is underway can mean discovering a restrictive covenant or lease condition too late to renegotiate.
Follow-up documents — unit plan, lease variation, planning certificate — should be ordered within the first week of your due diligence window. If you are working with a conveyancer, confirm which documents they order routinely and which ones you need to request separately.
For auction purchases, complete all searches before auction day. There is no cooling-off period at auction in the ACT, so you need to know every encumbrance and restriction before you bid.
Common ACT Title Risks for Investors
Crown lease conditions: The lease may restrict land use to a specific purpose. A lease that permits "residential" use may not permit short-term accommodation. Check the exact wording.
Restrictive covenants: These can limit subdivision, building height, fence types, or commercial activity. They bind current and future owners and do not expire unless formally released.
Lease variations: A variation may introduce community facilitation charges, change development conditions, or restrict subleasing. Always read the varied document, not just the original lease.
Unit plan by-laws: Short-term letting restrictions, pet bans, renovation approval processes and parking rules can all reduce rental appeal or add compliance costs.
Short lease terms: A Crown lease with limited years remaining can affect bank lending and resale value. Check the expiry date early.
Frequently Asked Questions
Do I own the land if I buy property in the ACT?
No. ACT land is held under a Crown lease. You purchase the remaining lease term and the rights it grants. The Territory retains underlying ownership. This is why reading the lease conditions is central to property investor due diligence.
What does a restrictive covenant on an ACT title mean for my development plans?
A restrictive covenant is a binding obligation recorded on the title that limits what you can do with the land. It might prevent subdivision, cap building height, or require specific materials. You cannot ignore it — you must comply or seek a formal release through the appropriate process. Check for covenants before you assume a development is permitted.
When should I order a lease variation document?
Order a lease variation whenever the title record lists a variation instrument. The variation replaces or modifies the original lease condition it addresses, so relying on the original lease alone gives you outdated information. This is especially important if you plan a change of use, subdivision, or major development.
Order your ACT Current Title / State Lease search through TitleFinder for $74.50 AUD and get the documents you need to make informed investment decisions.
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.