Quick Answer
For an off-the-plan purchase in NSW, order a current title search on the parent title before exchange to check for easements, caveats and restrictive covenants. For strata apartments, obtain the draft strata plan and schedule of unit entitlements. For torrens title homes on new estates, review easement burdens and development restrictions. Re-search the title near settlement to catch late registrations that affect your lot.
Why Off-the-Plan Title Searches Differ
When you buy off-the-plan, the title for your specific lot often does not exist yet. The developer registers the subdivision plan or strata plan after construction. A standard title search returns the parent title — the whole development site — not your future individual lot. You must work out which encumbrances on the parent title will transfer to your lot once it is created. This requires checking different documents at different stages of the purchase.
Key Property Title Documents for NSW Off-the-Plan Purchases
Current Title Search (Parent Title)
A current title search on the parent title shows all registered interests — easements, covenants, caveats and mortgages — attached to the land before subdivision. When the developer registers the plan of subdivision, these interests may burden specific lots or remain on common property. Order through TitleFinder for $74.50 AUD. Look for restrictive covenants that limit fencing, dwelling size or façade design, and easements for drainage or right of way that may run through your future lot.
Draft Strata Plan
For apartment purchases, the draft strata plan sets out lot boundaries, common property areas, unit entitlements and by-laws. Check whether car spaces and storage areas form part of your lot or remain common property with exclusive use rights. Discrepancies between the draft plan and the final registered plan can alter your entitlements and ongoing levy obligations.
Section 88B Instrument (Easements and Restrictions)
This instrument accompanies the registered subdivision or strata plan and details all easements, positive covenants and restrictions on use. Review it to identify drainage easements, rights of way and building restrictions that will apply to your lot. Pay attention to easements that burden your lot but benefit neighbouring lots — these can restrict where you build or landscape.
Caveats
A caveat on the parent title can prevent the developer from registering the subdivision plan. Check for caveats before exchange and again near settlement. A builder, supplier or financier may lodge a caveat if the developer has unpaid debts. This can delay or prevent registration of your title, pushing back settlement indefinitely.
Old System Land
If the development site is still under old system title, the conversion to torrens title occurs during subdivision. Old system land carries historical encumbrances that may not appear on a standard torrens title search. Request a search of old system records to identify any surviving easements or rights — such as implied easements or profits à prendre — that could affect your lot after conversion.
Timing: When to Order What
Before Exchange
- Current title search on the parent title ($74.50 AUD through TitleFinder)
- Check for caveats, mortgages and restrictive covenants
- Obtain the draft strata plan (apartments) or draft subdivision plan (houses)
- Review the Section 88B instrument for easements and restrictions
- If old system land applies, request old system searches
During the Build
- Monitor for new caveats or mortgages registered on the parent title
- Track the developer's compliance with development consent conditions
- Confirm when the strata or subdivision plan is registered
Near Settlement
- Order a fresh title search on the newly registered lot title
- Verify that the registered plan matches the draft plan you reviewed at exchange
- Check that required easements and restrictions are correctly registered
- Confirm discharge of any developer mortgages affecting your lot
Off-the-Plan Title Due Diligence Checklist
- Current title search on parent title — identify easements, covenants, caveats
- Draft strata plan or subdivision plan — verify lot dimensions, entitlements and car spaces
- Section 88B instrument — identify easement burdens and use restrictions for your lot
- By-laws (strata) — review parking, pets, renovation and short-term rental rules
- Old system land search — identify historical encumbrances, if applicable
- Development consent conditions — confirm compliance before plan registration
- Caveat check — before exchange and again near settlement
- Re-search title at settlement — catch late registrations on your new lot
Strata Apartment vs Torrens Title Home: Title Check Comparison
| Check Item | Strata Apartment | Torrens Title Home |
|---|---|---|
| Parent title search | Yes | Yes |
| Draft strata plan | Essential | N/A |
| Unit entitlement schedule | Yes — affects levies | N/A |
| By-laws | Yes — check exclusive use | N/A |
| Section 88B easements | Check common property | Check lot-specific burdens |
| Draft subdivision plan | N/A | Essential |
| Old system land search | If applicable | If applicable |
| Settlement title re-search | Yes | Yes |
Frequently Asked Questions
Can I search the title for a lot that does not exist yet?
No. Before the strata or subdivision plan is registered, your individual lot has no separate title. You search the parent title and review the draft plan to understand which encumbrances will apply once your lot is created. After registration, you can search the new lot title directly.
What if a caveat is lodged after I exchange contracts?
A caveat lodged after exchange can prevent the developer from registering the subdivision plan, which delays settlement. Monitor the parent title during the build and again near settlement. If a caveat appears, your conveyancer can negotiate conditions or delay settlement until it is withdrawn or removed.
Do I need a title search if the developer provides contract documents?
Yes. Contract documents may not reflect recent registrations. A current title search confirms whether new caveats, mortgages or other interests have been lodged since the contract was prepared. This is a standard part of off-the-plan due diligence and protects you from undisclosed encumbrances.
Always verify property title information against official property records. This article is a general guide, not legal advice — consult your conveyancer 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:
- 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.
