Quick Answer
If you plan to renovate a property before settlement in New South Wales, you must order a title search and associated documents immediately after signing the contract. The Current Title search ($74.50 AUD through TitleFinder) reveals easements, caveats, and ownership structures that can restrict, delay, or entirely prevent your planned works.
Why Renovation Due Diligence Matters Before Settlement
Buyers sometimes negotiate early access or a license to occupy so they can start demolition or renovations before settlement completes. Without checking official property records first, you risk spending capital on works that breach registered restrictions or strata by-laws. Performing renovation due diligence early prevents you from building over a sewer easement, violating a registered covenant, or starting structural works in an apartment that the owners corporation will legally force you to reverse.
When you hold the risk for a property you do not yet legally own, you need to know exactly what the title permits.
Which Property Title Documents to Order for NSW Renovations
Renovations require more than just the front page of the title. You need to cross-reference several documents to understand what you can and cannot alter.
Current Title / State Lease Search
The Current Title search (available for $74.50 AUD through TitleFinder) lists the registered proprietor and all registered interests. It tells you if a caveat restricts dealings with the land, or if a state lease imposes specific usage conditions. A caveat often signals a financial dispute or an unregistered interest that could stall settlement entirely, making your pre-settlement renovation costs a gamble.
Deposited Plan or Strata Plan
Order the plan to verify physical boundaries. For Torrens title homes, the Deposited Plan shows lot dimensions and the physical location of any easements. For strata apartments, the Strata Plan defines your lot boundaries versus common property. You cannot alter common property—such as balcony slabs or external walls—without formal approval from the owners corporation.
Section 88B Instruments and Strata By-laws
If the Current Title shows easements, you must order the Section 88B instrument. This document dictates what you cannot build within the easement zone, such as restricting permanent structures over drainage or sewer assets. For apartments, order the strata by-laws to identify the specific approval process for renovations, particularly works affecting structural walls, waterproofing, or shared services.
Local Risks: Strata, Torrens, Easements, Caveats and Old System Land
Property types in New South Wales carry distinct renovation risks that you can only identify by reviewing the official property records.
- Torrens Title Homes: Check for drainage, right-of-carriageway, or sewer easements. Building over a registered easement usually requires consent from the benefiting authority or neighbour, which can delay works by months or require expensive redesigns.
- Strata Apartments: By-laws dictate what you can alter inside your lot. Structural changes, bathroom waterproofing, or floorboard installations require formal resolutions. A caveat might also be lodged by a creditor restricting alterations until a debt is settled.
- Old System Land: Properties still under Old System title do not have a guaranteed single title folio. You must examine the chain of title and historical conveyances to ensure no restrictive covenants exist that prevent your renovations, such as limits on building height or materials.
Timing: When to Order Your Records
Order your property title documents in New South Wales during the cooling-off period or immediately after signing the contract. Standard settlement periods in NSW are around 42 days. Pre-settlement renovations require legal agreements with the vendor, and strata approvals take weeks to process. You need the official property records in hand before you draft an early-access agreement or engage trades.
Pre-Settlement Renovation Checklist
- Order the Current Title search ($74.50 AUD) to identify caveats, easements, and ownership.
- Request the Deposited Plan or Strata Plan to verify lot boundaries and common property limits.
- Order Section 88B instruments for any listed easements to check building setback restrictions.
- Review strata by-laws for renovation approval thresholds and restricted works.
- Search for Old System land restrictions if the property is not under Torrens title.
- Confirm vendor consent and execute a legal agreement for early access before settlement.
- Obtain strata or easement-party approvals before engaging trades or ordering materials.
NSW Property Types and Renovation Risks
| Property Type | Primary Document | Key Renovation Risk |
|---|---|---|
| Torrens Title | Current Title & Deposited Plan | Easements restricting building footprint |
| Strata Apartment | Current Title & Strata Plan | By-law refusal for structural or cosmetic works |
| Old System Land | Chain of Title & Conveyances | Unidentified restrictive covenants |
Frequently Asked Questions
Can I order a title search before exchange of contracts?
Yes. You can order a Current Title search at any time. Buyers often order searches before auction to verify easements or caveats that could impact renovation plans, allowing them to factor restrictions into their bidding limit.
What happens if I build over an easement before settlement?
Building over an easement breaches the conditions registered on the title. The benefiting authority or neighbour can force you to remove the structure at your own cost, regardless of whether settlement has occurred. You remain liable for the rectification costs.
Do I need strata approval to renovate the interior of my apartment?
It depends on the by-laws. Cosmetic changes usually do not need approval, but any work affecting common property, structural walls, waterproofing, or the addition of hard flooring requires a formal strata resolution before trades commence.
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.
