Quick Answer
A survey plan on an ACT property title shows the lot dimensions, boundaries, easements, and encumbrances. In the ACT, every property sits on a Crown lease, so the survey plan must be read alongside the lease and any variations. Missing a restrictive covenant, an easement, or an unrecorded lease variation can delay settlement or restrict your intended use of the property.
Why Survey Plans on ACT Titles Carry Higher Risk
The ACT is different from other jurisdictions. All freehold land in the ACT is held under Crown lease — you do not own the land in fee simple; you hold a lease from the Crown. The survey plan attached to your title defines the physical boundaries of what you are leasing, but the lease itself governs what you can do with it. If you read only one and ignore the other, you risk buying a property you cannot use as intended.
What to Check on the Survey Plan
When you order a title search through TitleFinder, the survey plan reference is listed on the title. You should then order the plan itself to verify:
- Boundary dimensions: confirm the lot size matches the marketing or contract description.
- Easements: drainage, sewer, or access easements may restrict building near boundaries.
- Encumbrances: any notation of rights-of-way, party walls, or shared driveways.
- Setback lines or building envelopes: some older ACT plans show building restriction lines that limit where you can construct.
Crown Lease Conditions
Every ACT residential title is a Crown lease. The lease specifies permitted land use, development conditions, and any ongoing obligations. A title search survey plan alone will not tell you the lease conditions — you need the current title and state lease document.
Key risks if you do not check:
- The lease may restrict use to "single dwelling" only, blocking dual-occupancy plans.
- Lease variation conditions may impose additional development charges.
- The lease may contain a "betterment" clause requiring payment if land value increases due to rezoning.
Unit Plans: Extra Layers for Apartments and Townhouses
If you are buying a unit title in the ACT, the survey plan is a unit plan. This plan shows:
- The unit boundaries (usually internal walls, floors, and ceilings).
- Common property areas.
- The unit entitlement share, which determines your proportion of body corporate costs.
Check that the unit plan matches the physical layout of the property. Unapproved modifications that cross unit boundaries — such as removing a common wall — can create title defects.
Restrictive Covenants
Restrictive covenants on ACT titles limit what owners can do. Common examples include:
- Building height limits.
- Material restrictions (e.g., brick exterior only).
- Prohibitions on subdividing the lease.
These covenants are recorded on the title and referenced on the survey plan. They run with the land and bind every subsequent lessee, even if they seem outdated. Removing a restrictive covenant in the ACT usually requires a lease variation, which is a separate process with its own costs and timelines.
Lease Variations
A lease variation changes the terms of the Crown lease. It might permit a change of use, increase the number of dwellings, or remove a restriction. Variations must be recorded on the title.
Check whether:
- The lease has been varied before and what the current permitted use is.
- Any variation came with conditions — such as a requirement to complete development within a timeframe.
- An application for variation is pending, which could affect your obligations after settlement.
If the seller claims a use is permitted but you cannot find the recorded variation, order the lease variation instrument through TitleFinder to verify.
Planning Certificates
A planning certificate confirms the zoning and any planning controls that apply to the land. It is not part of the title, but it is essential when the survey plan or lease suggests development potential.
Order a planning certificate when:
- The Crown lease permits development but you need to confirm zoning supports it.
- You are checking whether a restrictive covenant can be relaxed through a variation.
- You want written confirmation of applicable heritage overlays, bushfire-prone area status, or other planning matters.
Document Comparison
| Document | What It Confirms | When to Order |
|---|---|---|
| Current Title / State Lease | Ownership, lease term, encumbrances, registered interests | Before signing or paying a deposit |
| Survey Plan | Lot boundaries, easements, building restriction lines | After reviewing the title, before settlement |
| Unit Plan | Unit boundaries, common property, entitlements | Before signing for any unit title purchase |
| Lease Variation Instrument | Changes to Crown lease terms | When the lease or seller claims a changed permitted use |
| Planning Certificate | Zoning, development controls, overlays | When assessing development or renovation potential |
Buyer's Checklist
- Order a Current Title / State Lease search ($74.50 AUD through TitleFinder) to confirm ownership, lease term, and registered encumbrances.
- Obtain the survey plan and verify lot dimensions, easements, and building restriction lines.
- Read the Crown lease conditions carefully — check permitted use and any development conditions.
- For unit titles, order the unit plan and cross-check physical boundaries and common property.
- Search for restrictive covenants and assess whether they conflict with your plans.
- Verify any lease variation is fully registered, not just applied for.
- Order a planning certificate if development or renovation is part of your plan.
- Compare every detail against the contract for sale before settlement.
Frequently Asked Questions
Is the survey plan included in a standard ACT title search?
No. A title search lists the survey plan reference number, but you need to order the plan separately to see the actual boundary and easement details.
Can I remove a restrictive covenant on an ACT Crown lease?
It is possible through a lease variation, but it requires approval from the relevant authority and may involve fees, development charges, or conditions. It is not automatic.
What happens if I settle without checking the Crown lease conditions?
You take the lease as-is. If the lease restricts your intended use — for example, to a single dwelling only — you cannot lawfully use the property for dual occupancy without first obtaining a lease variation. This can delay or block development plans entirely. Always verify the lease terms match your intentions before committing to the purchase.
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.