Title Search for Owner Builders: What It Is and Why You May Need One

Stephanie Boyce

Aug 10

8 min read

If you are planning to become an owner builder, you will quickly discover that there is more paperwork involved than simply preparing plans and finding trades.

One document you may need during the approval, planning or property process is a title search. A title search can help confirm who is registered as the owner of a property and identify interests recorded against the land.

Depending on your state and the purpose of the search, you may also need related documents such as a Certificate of Title, Registered Search Statement, Registration Confirmation statement or title plan.

But what exactly is a title search, what does it show and when might an owner builder need one? Let’s take a closer look.

What Is a Title Search?

A title search is a search of the official land-title records for a property.

It generally provides information about the registered proprietor or proprietors of the land, the legal description of the property and interests or dealings recorded against the title. The terminology and document types vary between Australian states and territories.

A title search is different from looking up a property on a real-estate website. A property listing may show the street address, approximate land size and sale history, but an official title search comes from the relevant government land-title register.

The information recorded on a title is usually based on the legal ownership and interests registered against the land at the time of the search.

Why Might an Owner Builder Need One?

One of the first things an owner builder needs to establish is whether they are eligible to carry out the proposed work under the rules applying in their state or territory.

In many situations, proof of ownership or a prescribed interest in the land forms part of the owner-builder application or approval process. A title document may also be requested by a building surveyor, certifier, council, lender or legal professional.

The exact requirements differ between jurisdictions.

For example:

In Western Australia, owner-builder approval applications generally require a current Certificate of Title or Contract to Purchase. The relevant ownership document should generally have been issued within the previous three months.
In Queensland, an owner-builder permit application generally requires a Title Search or Registration Confirmation statement issued within the previous 30 days.
In Victoria, a Registered Search Statement or Certificate of Title must generally have been produced within seven days of submitting the owner-builder application.

These timeframes apply to the specific application processes identified above. They should not be assumed to apply to every state, council or building authority.

This is why checking your property title information early is an important part of preparing for an owner-builder project. However, the final document should usually be obtained close enough to the application date to satisfy the relevant currency requirement.

What Information Can a Title Search Show?

The exact information depends on the state or territory and the type of search ordered. A property title search may include:

The registered proprietor or proprietors.
The legal description of the land.
The lot and plan reference.
A title reference, such as volume and folio numbers where applicable.
Registered mortgages, caveats or other interests.
Easements and rights of way.
Covenants or restrictions recorded on the title.
Dealings or instrument numbers affecting the land.

A title search may identify an easement, covenant or other registered interest without including the full document explaining its terms. You may need to order a copy of the relevant instrument separately.

Understanding the information recorded against the land can help you identify restrictions or interests that may affect your building design, site layout, approvals or construction process.

A title search does not replace legal advice, a feature survey, a boundary survey or planning advice. If you are unsure about the effect of an easement, covenant or restriction, speak with a conveyancer, solicitor, surveyor or other suitably qualified professional.

What Is a Certificate of Title?

A Certificate of Title is an official document or record associated with land ownership.

The terminology differs between jurisdictions. Some states commonly refer to a Certificate of Title, while others use terms such as Title Search, Registered Search Statement or Registration Confirmation statement.

Depending on the state, a Certificate of Title or equivalent document may show:

The registered owner or owners.
The legal description of the land.
The title reference.
Mortgages, caveats and other registered interests.
Easements, covenants or restrictions.
References to plans or other registered dealings.

Do not assume that an old Certificate of Title, contract or settlement document will be accepted for an owner-builder application. The relevant authority may require a particular document issued within a specified period.

Always check:

Which document is required.
Whether the document must be original or certified.
Whether an electronic copy is acceptable.
How recently it must have been issued.
Whether all registered owners must be included.
Whether additional documents are required for a company, trust, lease or contract purchase.

Is a Title Search the Same as a Title Plan?

No. A title search and a title plan serve different purposes.

Document	Primary purpose
Title search	Shows current registered ownership and interests recorded on the title.
Certificate of Title or equivalent	Provides official title information or ownership evidence, depending on the jurisdiction.
Title plan	Shows the legal parcel, boundaries and plan-related land information.

A title plan should not automatically be treated as a substitute for a feature survey or boundary survey. It may show the legal boundaries of the parcel but may not provide all the physical information required for design or construction.

You may need a title search, title plan, survey or more than one of these documents, depending on what your authority, certifier, surveyor or legal representative requires.

Why Should Owner Builders Check Property Information Early?

It is tempting to leave property paperwork until you are ready to submit an application. However, discovering a title issue late in the design or approval process can cause delays and additional costs.

Checking your property information early can help you:

Confirm ownership: Ensure the names on your application match the registered proprietors.
Identify co-owners: Determine whether other registered owners need to provide consent or sign the application.
Identify encumbrances: Check for easements, covenants, mortgages, caveats or rights of way that may affect the project.
Improve site planning: Consider title information alongside surveys, planning controls and architectural plans.
Streamline applications: Obtain the required ownership evidence before lodging your application.
Avoid expired documents: Order a new search if the authority requires the document to be within a particular currency period.

A title search is one part of the broader pre-construction investigation process. It should be considered alongside planning controls, site surveys, building designs and approval requirements.

When Should an Owner Builder Obtain a Title Search?

A sensible approach is to review your property documentation at the beginning of the design and planning stage.

You may need to obtain the final title document closer to the date of your owner-builder application so that it meets the relevant currency requirement.

As a general guide:

Victoria: The Registered Search Statement or Certificate of Title must generally be produced within seven days of submitting the application.
Queensland: The Title Search or Registration Confirmation statement must generally have been issued within the previous 30 days.
Western Australia: The Certificate of Title or Contract to Purchase should generally have been issued within the previous three months.

Requirements can change, and other jurisdictions may use different timeframes or document types. Always confirm the current requirements before ordering your final document.

Special Ownership Scenarios

What if the property has multiple owners?

If more than one person is registered on the title, the owner-builder application may require information, consent or signatures from all registered proprietors.

The person managing the building work is not necessarily the sole legal owner of the land. Check the application requirements carefully before lodging the application.

What if I am buying the property?

If you have not yet settled on the property, some jurisdictions may recognise a purchaser’s interest under a signed contract. Other applications may require the applicant to already be registered as the owner.

Do not assume that a contract to purchase will be accepted in every state. Check whether the relevant authority recognises a purchaser’s interest and what wording or evidence the contract must contain.

What if a company or trust owns the property?

Additional evidence may be required where the land is owned by a company, body corporate or trust.

This may include:

An ASIC company extract.
Written authority from company directors.
A trust deed or relevant extract.
Written authority from the trustee.
Evidence that the applicant has the required connection with the entity or property.

The exact documents depend on the jurisdiction and ownership structure.

How to Get a Title Search

Australia does not have a single national land-title registry. Each state and territory has its own land-title system and terminology.

To obtain a title search, use the official land-title search service or an authorised information provider for the state or territory where the property is located.

Before ordering a search, make sure you have the correct:

Property address.
Lot and plan details.
Title reference.
Registered owner information.

Also confirm whether you need a:

Title Search.
Certificate of Title.
Registered Search Statement.
Registration Confirmation statement.
Title plan.
Copy of an easement, covenant or other registered instrument.

The document required for an owner-builder application may not be the same document required for a planning application, property purchase or building permit.

Get Organised Before You Build

A successful owner-builder project involves much more than managing trades on site. You may need to navigate owner-builder approvals, building permits, planning requirements, contracts, insurance, workplace health and safety and property documentation before physical work begins.

If you are preparing to become an owner builder:

Verify the owner-builder rules that apply in your state or territory.
Confirm whether you need an owner-builder permit, licence or certificate of consent.
Check the document requirements before ordering your title search.
Complete any required owner-builder training.
Prepare your plans, surveys, approvals and project documentation.
Review the Owner Builder Institute courses and resources before commencing your project.

For Western Australian projects, you can also explore the WA Owner Builder Course.

Pre-Project Checklist for Owner Builders

Before starting work on site, consider whether you have:

Verified the owner-builder approval, licensing and permit rules in your state or territory.
Confirmed that you are eligible to act as an owner builder.
Identified all registered owners and obtained any required consents.
Obtained a title search or other ownership document that meets the relevant currency requirement.
Checked registered easements, covenants, mortgages, caveats and other interests.
Obtained a title plan where required.
Commissioned a feature survey or boundary survey where required.
Finalised building designs and specifications.
Secured planning, development and building approvals.
Completed any owner-builder course, assessment or training required by the relevant authority.
Arranged any required owner-builder, construction or public liability insurance.
Prepared the site safety documentation required for the project.
Finalised written contracts with subcontractors.
Confirmed that required licences, registrations and insurances are held by the trades and contractors you engage.

Final Word

A title search is an important property document for many owner builders because it helps confirm ownership and identify interests recorded against the land.

The required document and acceptable age can differ considerably between jurisdictions. Victoria may require a title document produced within seven days of the application, Queensland generally refers to a document issued within the previous 30 days, and Western Australia generally refers to a document issued within the previous three months.

Obtain the document specified by the relevant authority and check the current requirements before lodging an owner-builder application.

Disclaimer: This article is provided for general educational information only. Property title systems, document terminology, owner-builder requirements and application processes vary between Australian states and territories and may change over time. This article does not constitute legal, planning, building or conveyancing advice. Always check the current requirements before proceeding.