WA Development Application Title Searches: Documents, Risks and Checklist

WA Development Application Title Searches: Documents, Risks and Checklist

Quick Answer

A title search for a development application in Western Australia identifies the registered encumbrances, easements and restrictions on a site. Order the Current Title, the survey or strata plan, and any specified dealings to confirm what you can build before you lodge your DA.

Why check property title documents for a WA development application?

Submitting a development application without reviewing the official property records creates delays. Planning authorities assess your DA against the registered boundaries and any registered encumbrances. If the title contains a restrictive covenant, a mining interest, or an unresolved caveat, the application can stall. Development application due diligence requires you to confirm the exact legal standing of the site first. You need to know what burdens the land before designing your project.

Key WA property title documents to order

You need specific documents to assess a site for a DA. Each document answers a different question.

Current Title / State Lease

The Current Title confirms the registered proprietor and lists every encumbrance, easement and covenant. For leasehold land, you must order the State Lease to check the lease conditions. A Current Title / State Lease search through TitleFinder is $74.50 AUD. Order this first to see the full register.

Survey Plan or Strata Plan

The survey plan shows the exact dimensions, easement locations and boundary bearings. This answers questions about site coverage and setback compliance. For built strata developments, the strata plan reveals by-laws and common property limits that affect the DA. Order the plan when you need to confirm boundary alignments or where easements physically sit on the site.

Dealings and Instruments

Encumbrances listed on the title reference specific dealing numbers. A dealing contains the full text of a restrictive covenant, easement agreement, or registered notification. Order these instruments to read the exact terms. Never assume the title notation provides enough detail; the instrument dictates what the development can and cannot do. Order a dealing the moment you see an encumbrance on the title that limits building height, materials, or land use.

WA title risks that affect development applications

Western Australian titles carry specific risks that directly impact DA approvals.

Green title restrictions

A green title in WA indicates freehold land, but green title does not guarantee freedom from restrictions. Check for easements, covenants and registered notifications. A green title block can still carry a restrictive building covenant that dictates building materials or a drainage easement that restricts where you can build. Always check the full list of encumbrances, not just the title type.

Survey-strata considerations

Survey-strata titles divide land into separate lots but often share common property or carry specific by-laws. Your DA must respect the existing by-laws and common property boundaries. A survey-strata check shows whether you have sole rights to alter the lot footprint or if you need approval from the strata company. Order the strata plan and relevant by-laws when dealing with survey-strata sites.

Mining interests

WA titles frequently overlap with mining tenements. If the title is subject to a mining lease or a pending mining application, the state retains rights to the minerals. Your development might require special clearance or face restrictions on subsurface construction. Order the relevant mining interest dealing if the title indicates a mining encumbrance, as the terms often override standard planning approvals.

Caveats

A caveat blocks certain dealings on the title. If an active caveat restricts further registration, you usually cannot register a plan of subdivision to facilitate the DA. Identify the caveat purpose early. Order the caveat document to see the exact scope of the restriction.

Rural titles

Rural titles often carry old covenants restricting use to farming, or they include broad easements for water, power and stock routes. Check the exact wording of these rural encumbrances before applying to rezone or subdivide. Order all dealings attached to rural titles, as the historical restrictions often prohibit non-rural development.

Title type comparison for WA development applications

Title Type What to check on the title DA impact
Green title Easements, covenants, depth limits Restricts building footprint or height
Survey-strata By-laws, common property boundaries Limits alterations, shared area rules
State Lease Lease conditions, remaining term Caps development scope or timing
Mining interest Overlap with tenements May block or delay construction
Rural title Old use covenants, broad easements Prohibits non-farming rezoning

Development application due diligence checklist

Use this checklist before you lodge your WA development application:

  1. Order the Current Title to confirm current ownership and identify every encumbrance.
  2. Order the survey or strata plan to verify boundaries, setbacks and common property.
  3. Order all listed dealings and instruments to read the exact terms of any restrictive covenant or easement.
  4. Check for mining interests or tenements that overlap the parcel.
  5. Confirm no unresolved caveats block the proposed subdivision or development.
  6. Verify the local zoning aligns with the title restrictions.
  7. Review rural covenants if the site sits outside metropolitan areas.
  8. Check depth limits on the title if your development includes basements or underground parking.
  9. Confirm easement locations against the proposed building envelope.

Frequently asked questions

What is the cost of a title search for a WA development application?

A Current Title / State Lease search through TitleFinder costs $74.50 AUD. Additional dealings, plans or instruments are ordered separately based on what the title requires.

When should I order title documents for a development application?

Order your title documents before you engage architects or town planners. The title restrictions dictate what the planners can design and what the council will approve. Finding a covenant after design completion wastes time and money.

Do I need to order the dealing for a registered notification?

Yes. A registered notification on the title only names the dealing number. You must order the specific instrument to read the actual conditions, restrictions or agreements that apply to the land. The title notation alone does not provide the full restrictions.

Order the right TitleFinder document

Use this guide as a reference, then order the actual record that answers your question:

If you are unsure, start with the current title search, then add the plan or instrument if the title points to one.


Browse title search guides by state

Compare practical property title search guidance across Australia:


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.

General information only. TitleFinder provides property record search services and does not provide legal, conveyancing, financial or property advice. Always consult a qualified conveyancer, solicitor or adviser before acting on title information.

Title Searches in Queensland

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Current Title / State Lease

Verify up-to-the-minute ownership and registered interests for a Queensland property, state lease, or water allocation. Essential for conveyancing, refinancing, and due diligence.

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Dealing Instrument

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