NSW Title Search Service

Almost always yes — and even when it's not strictly mandatory, it's the safe move. The EP&A Regulation 2021 requires DAs to include documents demonstrating the applicant's interest in the land (typically a current title search) plus any document the SEE relies on. In practice the 88B Instrument must be submitted whenever: (a) the proposed development might breach a registered restriction (e.g. proposing a second dwelling on a lot subject to a 'no more than one dwelling' covenant); (b) easements registered on the 88B affect the developable area (drainage, sewer, right of carriageway); (c) positive covenants impose ongoing maintenance obligations (e.g. on-site detention basin); (d) the SEE references the 88B; (e) it's a subdivision or modification to an existing subdivision. Many council DCPs explicitly require the 88B as part of standard DA submission. Even where a council might accept a DA without it, council can request 'additional information' under the Regulation and routinely does. Most lots in NSW were created by a subdivision registered after 1961 — meaning a 88B Instrument exists for most of them. A title search without the 88B is incomplete for planning purposes.

The Certificate of Title shows you who owns the land and lists registered dealings. It does NOT contain the actual restrictions, easements and covenants — those are in the 88B Instrument document, which is referenced on the title but separate. So a 'title search' that only retrieves the Certificate is incomplete. The 88B is where you find out whether the lot can have a granny flat, whether you can build over the rear easement, and whether the previous owner agreed to a 'maintain stormwater detention forever' positive covenant.

The Full Planning Pack is what you want. The Certificate of Title alone is a weak pre-purchase check — it doesn't reveal the restrictions that determine what you can actually do with the property. The 88B does. Add the AI Restrictions Review and you have a plain-English read of every covenant in 24-48 hours for $135 total.

Most NSW councils accept a title search up to 3 months old; some require it within 28 days of lodgement. Check your council's lodgement requirements. Our Title Search is current at the date we run it; we include the search date on the cover.

Yes — and not just because we sell it. Real NSW 88B Instruments are written in conveyancing legalese: 'The registered proprietor for the time being of the said lot shall not erect or permit to be erected upon the said lot any dwelling house other than a single dwelling-house...'. 80% of buyers can't readily parse what that means for THEIR plans. The AI Restrictions Review reads every restriction, easement and covenant in your 88B and translates each one into plain English with development implications spelled out — e.g. 'this title prohibits a second dwelling on the lot, so granny flats / dual occupancies / apartments are not legally available without a Section 89 Conveyancing Act application to the Supreme Court to modify the covenant'.

Yes. Each additional registered dealing (88E covenant, mortgage, lease, caveat, recent registered dealings) is $40. We bundle them with the Full Planning Pack at delivery.

Same documents, slightly tighter margins. We charge $35 vs $38.44 for a Title, $40 vs $46.40 for a Plan, $40 vs $45.19 for a Dealing — and our bundles save $5-$10 on top. The differentiator is the AI Restrictions Review, which is unique to townplanning.com.au.

No — only a conveyancer or solicitor can give legal advice. Our AI Restrictions Review provides a 'general planning interpretation' as a starting point, with a clear disclaimer pointing to legal review for any deal-breaker covenants. For complex 88Bs (multi-page restrictions, ambiguous wording, modifications under Section 89), engage a conveyancer or planning solicitor.