Quick Answer
When buying an apartment or unit in Western Australia, your title search must confirm the scheme type (strata or survey-strata), check for mining interests and caveats, and verify by-laws and common property boundaries. Order the current title, strata plan and any relevant instruments before you make an offer or bid at auction.
Why apartment and unit titles differ in WA
Apartments and units in WA are usually held under strata or survey-strata schemes, not standard green title (freehold). This means the title includes shared common property, by-laws and scheme obligations that affect what you own and what you must maintain. A property title search WA must cover these layers — missing a by-law or an encumbrance on common property can create ongoing costs or restrictions after settlement.
WA title types for apartments and units
WA has three main title structures for residential property. Understanding which one applies determines what documents you order and what risks you check for.
| Feature | Green title | Strata title | Survey-strata title |
|---|---|---|---|
| Common property | None | Yes — defined on strata plan | Yes — defined on survey-strata plan |
| By-laws | None | Yes — registered on title | Limited — may apply |
| Strata company | Not applicable | Required | Required if common property exists |
| Building on common property | Not applicable | May exist | No building on common property |
| Typical use | Freestanding house | Apartment buildings | Grouped villas, townhouses |
Most apartments are strata title. Townhouse-style units may be survey-strata. Always confirm the scheme type on the title before assuming which rules apply.
What to check on a WA unit title
A title search Western Australia for a unit or apartment should answer these questions:
- Registered proprietor: Does the seller's name match the contract? A mismatch may signal a sale by mortgagee, executor or under a power of attorney.
- Encumbrances: Are there registered mortgages, covenants or easements? Mortgages must be discharged at settlement. Covenants may restrict renovations or pet ownership.
- Caveats: Who has lodged a caveat and why? A caveat prevents registration of dealings without notice to the caveator. Identify whether the caveat will be withdrawn or must be dealt with before settlement.
- By-laws: What by-laws are registered? Strata by-laws can govern pets, parking, noise, short-stay letting and renovation approvals. Order the full by-law schedule as a separate instrument if it is not reproduced on the title.
- Unit entitlement: What is the unit's lot entitlement? This determines your strata levy proportion and voting weight.
- Easements: Does the unit or common property benefit from or carry easements for drainage, access or services? Easements over common property affect maintenance responsibilities.
Mining interests and caveats
WA is unique among Australian states for the scale of mining tenements that can sit over residential land. A mineral claim or mining lease does not always appear on the property title — it may be registered against the broader land parcel. For property due diligence WA, check official property records for any mining interest notation and separately verify mining tenements if the property is near known resource areas or rural-zoned land.
Caveats on unit titles often arise from:
- Builders or contractors unpaid for common property works
- Strata company disputes
- Prior contracts for sale that did not settle
- Bankruptcy or family court proceedings
Each caveat needs a different resolution path. Do not assume your conveyancer can simply lodge a transfer while a caveat is active — the caveat must be withdrawn, removed or lapsed first.
Rural titles and leased land
Units on rural or semi-rural fringes may carry additional risks. Pastoral leases, state leases and mining tenements can coexist with residential subdivision. If the title shows a state lease reference, order the lease document to check rent review dates, renewal terms and permitted use restrictions. A Current Title / State Lease search through TitleFinder is $74.50 AUD and covers the title register information for these properties.
When to order additional documents
The current title alone will not answer every question. Order these supporting documents depending on what you find:
- Strata plan or survey-strata plan: Required for any unit purchase. Shows lot boundaries, common property and unit entitlements. Order if the plan reference on the title does not include the full diagram.
- By-laws instrument: If the title refers to by-laws but does not reproduce them in full, order the instrument to read the actual rules.
- Dealing or instrument: Any encumbrance, caveat or easement referenced on the title should be pulled as a separate document so you can read its terms and conditions.
- State lease: If the property is on leased land, order the current state lease document to check rent reviews, renewal terms and permitted use.
WA apartment and unit buyer checklist
- Confirm the scheme type (strata or survey-strata) on the title
- Verify the registered proprietor matches the seller on the contract
- Check for encumbrances: mortgages, covenants, easements
- Identify and assess every registered caveat
- Review strata by-laws for restrictions on use, pets, renovations or letting
- Confirm unit entitlement and strata levy proportion
- Order the strata plan or survey-strata plan to view lot and common property boundaries
- Check for mining interest notations on official property records
- If rural or near a resource area, verify mining tenements separately
- Order any referenced dealings or instruments for full terms
- Request strata company minutes and financial records from the strata manager
- Confirm building insurance obligations for common property
Frequently asked questions
Can a mining lease affect my WA apartment?
It is uncommon for a mining lease to sit over an established apartment building, but it can affect units on the urban fringe or in rural towns. Check official property records for any mining notation. If present, read the instrument to understand whether the mining interest allows surface access or is limited to sub-surface minerals.
What is the difference between strata and survey-strata for a townhouse?
A strata scheme defines lots by building structure — the unit's floors, walls and ceilings form the lot boundary. A survey-strata scheme defines lots by surveyed land boundaries, similar to a green title, but with common property such as driveways. Townhouses can be either. The title and plan will state which scheme applies. This affects what you own, what the strata company maintains, and what by-laws govern the property.
Do I need to order the by-laws separately from the title?
Often, yes. The current title will reference by-laws but may not reproduce the full text. Order the by-law instrument if you need to see restrictions on pets, short-stay letting, renovation approvals or parking. This is especially important for apartments where by-laws can significantly limit how you use the property.
This guide is for general information only. Title information should be reviewed in the context of your specific transaction and legal advice sought where needed.
Order the right TitleFinder document
Use this guide as a reference, then order the actual record that answers your question:
- WA Title Search — $79.90
- WA Survey Search — $85.90
- WA Document Search — $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.
