NSW Title Search Service
Certificate of Title, Plan of Subdivision and 88B Instrument bundles for NSW DAs and pre-purchase due diligence. From $35.
DA applicants, pre-purchase buyers, conveyancers and developers running due diligence on NSW residential and commercial properties.
Why a NSW title search isn't just one document
In NSW, a 'title search' done properly is actually a bundle. The Certificate of Title shows ownership and lists registered dealings. The Plan of Subdivision shows the lot's boundaries and original easements. The 88B Instrument — created under Section 88B of the Conveyancing Act 1919 — contains the actual restrictions on use, easements and positive covenants attached to the lot. Most NSW lots were created by a subdivision registered after 1961, which means a 88B Instrument exists for most of them. A 'title search' that only retrieves the Certificate is incomplete for almost any planning purpose.
The Full Planning Pack at $105 bundles all three: Title + Plan + 88B. That's what most NSW councils expect to see lodged with a DA, and it's the minimum standard for serious pre-purchase due diligence.
When you need each document
Different documents serve different purposes. The right pack depends on what you're trying to do.
- Certificate of Title alone ($35) — when all you need is to confirm the registered owner
- Title + Plan ($70) — pre-purchase verification of lot boundaries, original easements and dedicated roads
- Title + Plan + 88B ($105) — anyone preparing a DA, anyone running serious pre-purchase due diligence on potential development sites
- Add additional dealings ($40 each) — 88E covenants, registered mortgages, leases, tree preservation orders
- Add the AI Restrictions Review (+$30) — plain-English read of every restriction in the 88B with development implications spelt out
What 88B Instruments typically contain
88B Instruments are the dumping ground for everything the original subdivision developer wanted to lock in: building covenants, materials restrictions, dwelling-count limits, easements, positive covenants. Some are short and benign. Others are deal-breakers.
Common entries: 'No more than one dwelling shall be erected on each lot' (kills granny flats and dual occupancies). 'Materials shall be brick or stone only' (kills any modern lightweight design). 'A drainage easement 3 metres wide across the rear of the lot' (kills any rear-yard pool or extension over the easement). 'The owner shall maintain in perpetuity the on-site stormwater detention basin' (positive covenant — affects design and maintenance).
Reading a 88B properly takes training. Real examples include 50+ lines of conveyancing legalese covering multiple lots, multiple restrictions, multiple beneficiaries. The AI Restrictions Review converts that into plain English: which restrictions block what, which easements affect the developable area, which positive covenants impose ongoing costs.
Why we cost less than landtitles.com.au
Same documents sourced from the same NSW Land Registry Services. We charge $35 for a Title Search vs $38.44 on landtitles.com.au, $40 vs $46.40 for a Plan, $40 vs $45.19 for a Dealing. Bundles save $5-$10 on top. The differentiator is the AI Restrictions Review at +$30 — a value-add unique to townplanning.com.au.
The legal framework
NSW title and DA documentation requirements sit across several statutes:
Conveyancing Act 1919 s 88B
The instrument creating restrictions, easements and positive covenants when a Plan of Subdivision is registered. The 88B is recorded against every lot and runs with the land.
Conveyancing Act 1919 s 88E
Positive covenants in favour of public authorities (council, state agencies, Sydney Water). Often imposed as a DA condition.
Conveyancing Act 1919 s 89
Application to the Supreme Court to modify or extinguish a restriction on use. The mechanism for unlocking a covenant — slow and costly.
Real Property Act 1900
The Torrens title system in NSW. Provides the framework for the Certificate of Title.
EP&A Regulation 2021
DA documentation requirements. Schedule 1 lists what must accompany a DA — including documents demonstrating the applicant's interest in the land (typically a current title search).
Frequently asked questions
Does the 88B Instrument have to be submitted with a NSW DA?
Why pay extra for the 88B vs just getting the Title?
What if my title shows a restriction I don't agree with?
How current does the title search need to be for a DA?
What's the AI Restrictions Review and is it worth +$30?
Can I order more than one dealing in a single search?
Why is a title search not enough for pre-purchase due diligence?
What turnaround should I expect?
Can you give me legal advice on what a covenant means?
from $35 — ready when you are
See the full product page for sign-up, bulk packs and additional options.