Quick Answer
Pre-settlement checks in the Australian Capital Territory require reviewing the Current Title (State Lease), unit plans, lease variations, restrictive covenants, and planning certificates. Ordering these documents early lets you confirm exactly what you are buying, spot ACT-specific risks like Crown lease conditions, and avoid settlement delays.
Key ACT Property Title Documents
Unlike freehold states, all land in the ACT is held under a Crown lease. This changes the focus of your settlement due diligence. Here is what to order and what each document tells you.
Current Title / State Lease
The title search for settlement ACT requirements centres on the Current Title. It identifies the lease term, rent, and any encumbrances or mortgages. In the ACT, the lease is a schedule on the title, making it the core document for property title documents Australian Capital Territory checks. A Current Title / State Lease search through TitleFinder is $74.50 AUD and provides the current state of the register.
Unit Plans
If you are buying a townhouse or apartment, the unit plan defines your lot boundaries, common property, and exclusive use areas. Check the plan to confirm car spaces, courtyards, and storage cages match the marketing material. Order the unit plan as a separate image if the schedule of unit entitlements affects your liability.
Lease Variations
ACT leases often require formal variations to change land use, subdivide, or add structures. A lease variation is a registered instrument that alters the original lease conditions. Always check if a variation exists, particularly if the property has been renovated or the use has changed. Order the specific instrument number listed on the title to review the variation terms.
Restrictive Covenants
Restrictive covenants bind current and future owners. In newer ACT estates, covenants can mandate building materials, colours, or landscaping obligations. On older titles, they might restrict building heights or prevent certain trades. If a covenant is noted on the title, order the relevant instrument to read the exact restrictions before exchange.
Planning Certificates
Planning certificates reveal zoning, overlays, and development constraints. While not a title document per se, they are essential for settlement due diligence. Order a planning certificate if you intend to renovate or redevelop, as it will confirm whether the Crown lease permits your intended use.
Pre-Settlement Timing
Order your title search and associated documents as soon as you sign the contract. Conveyancers and buyers should allow at least 10 to 14 business days for document retrieval and review before settlement. Waiting until the last minute risks discovering an unregistered lease variation or an undisclosed covenant that delays the transfer.
Pre-Settlement Checklist
- Order a Current Title / State Lease search to verify the lease term, rent, and registered encumbrances.
- Check the title for any registered restrictive covenants and order the corresponding instrument.
- Review the title for lease variations; order the instrument if a variation is noted.
- For units or townhouses, order the unit plan to confirm lot boundaries and exclusive use areas.
- Order a planning certificate to verify permitted land use and development constraints.
- Confirm all mortgages and caveats will be discharged at settlement.
- Verify the lease rent is paid up to date and check for any rent reviews.
Document Comparison Table
| Document | What It Shows | When to Order |
|---|---|---|
| Current Title / State Lease | Lease term, rent, encumbrances, and registered interests | Always (core document) |
| Unit Plan | Lot boundaries, common property, exclusive use areas | For apartments, townhouses, and subdivisions |
| Lease Variation Instrument | Changes to original lease conditions or land use | If a variation is listed on the title |
| Restrictive Covenant Instrument | Building or land use restrictions on the property | If a covenant is listed on the title |
| Planning Certificate | Zoning, overlays, and future development potential | If renovating, developing, or changing use |
Frequently Asked Questions
What is the difference between a title and a Crown lease in the ACT?
In the ACT, the government retains freehold ownership. The "title" you buy is a Crown lease (often called a State Lease) granting you exclusive possession for a set term, typically 99 years. The title search reveals the lease conditions, rent, and any registered encumbrances.
How do I check for ACT lease variations?
Conduct a title search first. If a lease variation has been registered, it will appear as an encumbrance or referenced dealing on the title record. Note the instrument number and order a copy of the instrument to read the varied terms before settlement.
Why are restrictive covenants important in ACT settlements?
Restrictive covenants bind the land. If a covenant mandates specific building envelopes, fencing, or design guidelines, you must comply. Failing to identify these before settlement can result in costly modifications or restrictions on future renovations.
This article provides general information only. Always consult a qualified conveyancer or legal professional 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.
