Quick Answer
A title search strata title in NSW reveals the unit's lot entitlement, registered by-laws, and any encumbrances like easements or caveats. Buyers must verify the strata plan, confirm whether the title is Torrens or Old System, and order additional dealings to understand restrictions before signing a contract.
What Is Strata Title in NSW?
Strata title allows individual ownership of a lot (such as an apartment or townhouse) within a larger development, combined with shared ownership of common property like driveways, gardens, and stairwells. In New South Wales, strata schemes are governed by specific legislation and registered through official property records.
When you buy a strata title property title New South Wales, you are not just buying the physical unit. You are also bound by the by-laws registered on the strata scheme and responsible for lot liabilities that dictate your share of strata levies.
What to Check on a NSW Strata Title
Ordering a current title search is the starting point. Through TitleFinder, a Current Title / State Lease search costs $74.50 AUD and provides the folio identifier, lot and plan number, and registered encumbrances. Here is what to look for:
- Strata Plan Number: Confirms the unit is part of a registered strata scheme. Cross-reference this with the contract for sale.
- Lot Entitlements and Lot Liability: Determines your voting rights and your proportionate share of strata levies. High lot liability means higher ongoing costs.
- Registered By-Laws: By-laws cover pets, renovations, parking, and noise. These appear as registered dealings on the title. If by-laws are not on the title, the default legislation applies.
- Easements: Drainage, right of way, or support easements may burden or benefit the lot. Check whether your exclusive use area sits over a drainage easement.
- Caveats: A caveat warns that someone else claims an interest in the property. Any caveat must be resolved before settlement.
- Old System Title: Some older strata units in NSW may still be under Old System title, which requires a chain of title searches rather than a single folio. Identify this early to avoid delays.
Strata Title vs Torrens Title: Key Differences
| Feature | Strata Title | Torrens Title (House) |
|---|---|---|
| Common Property | Shared with other lot owners | No common property |
| By-Laws | Registered on scheme title | Not applicable |
| Lot Liability | Fixed share of strata levies | Owner pays all maintenance |
| Easements on Title | Often relate to common property | Typically drainage or right of way |
| Title Search Scope | Individual lot plus strata plan | Single folio for the property |
Other NSW Title Risks Buyers Must Check
Easements
Easements on a strata or Torrens title property in NSW can restrict what you build or where you park. A drainage easement might run under your courtyard, preventing you from building a deck. Order the relevant dealing or plan to see the easement's exact dimensions and terms.
Caveats
Caveats are lodged by third parties claiming an interest—often a lender or a party to a disputed contract. A caveat does not necessarily stop a sale, but it must be addressed. Check who lodged it and whether it can be withdrawn before settlement.
Old System Land
While most NSW land is now under Torrens title, some older properties—particularly in inner-city Sydney—remain under Old System title. Purchasing Old System land requires tracing the chain of title back at least 30 years. If your strata or unit title search returns an Old System reference, alert your conveyancer immediately.
When to Order Additional Documents
A Current Title search for $74.50 AUD through TitleFinder gives you the registered folio details and listed encumbrances. However, the title alone does not show the full picture. Order these additional documents when:
- Strata Plan: Order the deposited strata plan to see the lot boundaries, common property, and any limited access areas. This is essential before any renovation plans.
- Dealings and Instruments: If the title lists an easement, caveat, or by-law change, order the specific dealing document. This contains the actual terms, conditions, and plans referenced.
- Section 109 Certificate: While not part of the title search, this certificate from the owners corporation confirms levies, arrears, and current by-laws. Order this alongside your title search.
Order early—ideally before making an offer or during the cooling-off period—so you have time to review encumbrances and order follow-up documents if needed.
NSW Strata and Unit Title Buyer's Checklist
- Order a Current Title / State Lease search through TitleFinder ($74.50 AUD).
- Confirm the strata plan number matches the contract.
- Check lot entitlements and lot liability for ongoing cost implications.
- Identify all registered by-laws and note any restrictions affecting your intended use.
- Locate any easements; order the relevant plan or dealing to check dimensions and terms.
- Search for caveats and confirm they can be resolved prior to settlement.
- Determine if the property is Torrens or Old System title.
- Order the strata plan for boundary and common property details.
- Request a Section 109 certificate from the owners corporation for financial records and by-law confirmation.
- Review all findings with your conveyancer or solicitor before proceeding to settlement.
Frequently Asked Questions
What is the difference between strata title and unit title in NSW?
In NSW, "strata title" and "unit title" are commonly used interchangeably. Both refer to individual ownership of a lot within a multi-dwelling development with shared common property. The official term in NSW is "strata title."
Can I order a title search strata title through TitleFinder?
Yes. TitleFinder provides Current Title / State Lease searches for NSW strata properties. The search costs $74.50 AUD and delivers the folio details, registered encumbrances, and easement or caveat references.
What does a NSW strata title search include?
A Current Title search through TitleFinder includes the folio identifier, lot and plan number, lot entitlements and liability, and any registered interests such as easements, caveats, and by-laws. It does not include the full strata plan or Section 109 certificate, which must be ordered separately.
Always review title search results with a qualified conveyancer or solicitor. TitleFinder supplies official property records; we do not provide legal advice.
Order the right TitleFinder document
Use this guide as a reference, then order the actual record that answers your question:
- NSW Title Search — $69.90
- NSW Imaged Deposited Plan — $85.90
- NSW Imaged Documents — $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.