Check Before You Sign the Lease
Moving to a new premises? Opening a new location? Fitting out a commercial space? Before you commit, you need to know two things: does the planning scheme allow your business use at that address, and are there any covenants or restrictions on the title that could block you?
A $19 use check and a $20 title search are the cheapest insurance you'll ever buy. Together they cost less than a single hour of legal fees — and can save you from lease deposits, fitout costs, and legal disputes that run into tens of thousands.
Two Risks That Can Kill a Commercial Lease
Most businesses assume that if a premises is available for lease, they can operate there. That's not always the case. There are two separate hurdles — planning regulations and title restrictions — and both need to be checked.
Planning: Change of use may need a permit
If the previous tenant ran a retail shop and you want to open a physiotherapy clinic, that's a change of use under the planning scheme. The zone might allow it — but a planning permit could still be required. Starting a fitout before this is resolved creates serious risk.
Title: Covenants can block your use entirely
Even if the planning scheme allows your business, the property title might not. Restrictive covenants, Section 173 agreements, and other registered restrictions can prohibit specific uses, limit operating hours, or restrict building modifications. These are legally binding and won't show up in a zone check — only a title search reveals them.
Some uses are prohibited outright
Not every commercial zone allows every commercial use. A gym in a Commercial 2 Zone, a childcare centre without adequate outdoor space, a food premises without appropriate waste management — we've seen expensive fitouts stalled by these issues.
Car parking requirements change with use
Different uses have different car parking rates under the planning scheme. An office needs fewer spaces than a gym or a restaurant. If the new use requires more parking than the site can provide, you'll need a permit — or a car parking waiver.
Easements can restrict your fitout
Drainage easements, access easements, and services easements registered on the title can limit where you build, what you modify, and how you use parts of the premises. A title search identifies these before you design the fitout.
The good news: often no issues exist
Many changes of use are Section 1 (as of right) — no permit required. And many titles have no restrictive covenants. A quick check of both confirms this, giving you certainty and saving weeks of unnecessary delays. That peace of mind costs under $40.
Common Fitout Scenarios That Trigger Planning Requirements
If your client's project involves any of these, a planning check should be the first step — not an afterthought
Different use category, increased car parking, noise considerations
Food premises requirements, waste management, patron numbers, hours
Change of use from industrial to commercial, parking rates change
Different parking generation rates, patient amenity requirements
Outdoor play space, proximity to sensitive uses, drop-off zones
Liquor licence provisions (Cl 52.27), patron numbers, amenity impacts
Different use classification, car parking, hours of operation
Building class change, egress requirements, noise
Often no permit needed — but worth checking conditions on existing permit
The Maths Speaks for Itself
The traditional approach is to engage a planning consultant for every new site. Our tools let you screen sites first and only engage a consultant when you actually need one.
Without screening
With our screening tools
If a permit is needed, you'll still engage a consultant — but you'll know before you sign the lease, and you'll have the planning and title information ready. That turns a vague $2,000 conversation into a sharp $500 targeted discussion.
The Pre-Lease Checklist That Costs Under $40
Whether you're a business owner looking at a new premises or a fitout company evaluating a space for a client — these two checks should happen before anyone signs anything
Check the Planning
Run a $19 Use Check to confirm whether the proposed business use is permitted at that address. You'll know in minutes if it's as-of-right (no permit), needs a permit, or is prohibited. This one check can prevent months of wasted effort.
Check the Title
Order a title search (from $20) to check for restrictive covenants, Section 173 agreements, easements, and other registered restrictions. A covenant prohibiting 'commercial activity' or restricting operating hours can make a premises completely unsuitable — and you won't find this in a zone search.
Proceed with Certainty
If both checks come back clear, you sign the lease with confidence. If issues are found, you know before you've committed — not after you've spent $50,000 on a fitout that can't be used. For fitout companies, we offer volume arrangements for regular clients.
Everything You Need Before Signing
For business owners moving to new premises, and for fitout companies advising their clients
Business Use Check
$19
Instant check of whether your proposed use is permitted at the address. Section 1 (no permit), Section 2 (permit required), or Section 3 (prohibited). Results in minutes.
Check Your UseTitle Search
From $20
Official certificate of title showing all registered covenants, easements, restrictions, and encumbrances. Delivered next business day. No LANDATA account needed.
Search the TitleChange of Use Assessment
From $449
Full professional assessment when a permit is needed. Covers zone analysis, car parking, amenity, title restrictions, and a professional opinion on approval likelihood.
Order AssessmentPre-Lease Planning Review
From $399
Comprehensive planning and title review before you sign. Covers use rights, permit requirements, covenants, easements, and anything that could affect your business operations.
Order ReviewDon't Forget the Title Search
Planning checks tell you what the planning scheme allows. But there's a separate layer of restrictions that sit on the property title — and they can be just as restrictive. We've seen businesses sign leases and spend tens of thousands on fitouts, only to discover a restrictive covenant on the title that prohibits their use entirely.
A title search costs from $20 and is delivered next business day. It's the simplest way to confirm there are no hidden restrictions that could derail your plans. Combined with a $19 use check, you get full due diligence for under $40.
Order a Title Search — From $20Why a Zone Lookup Isn't Enough
Your client can look up the zone on any mapping tool. But knowing the address is in a Commercial 1 Zone doesn't tell them whether their specific use is Section 1, Section 2, or Section 3. It doesn't account for overlay requirements, car parking rates for their use, or conditions on any existing permit. Our reports answer the actual question: “Can my client operate this business at this address?”
Try a Use Check — $19Under $40 for Complete Peace of Mind
A $19 use check and a $20 title search together give you full due diligence on any commercial premises. That's less than a single hour of legal fees — and it could save you from a lease on a premises where your business can't legally operate.
Fitout companies doing multiple projects? Talk to us about volume arrangements. We can build planning and title checks into your standard project workflow. Get in touch