Understanding Conveyancing in Australia: What It Is and Why You Need It
A complete guide to conveyancing in Australia — what it is, the step-by-step process, conveyancer vs solicitor, typical costs, and how to choose the right professional.
Definition
Conveyancing
The legal process of transferring property ownership from one person to another in Australia. It covers everything from contract review and property searches through to settlement and title registration.
Conveyancing is the legal process of transferring property ownership from one person to another. In Australia, every property purchase and sale requires conveyancing — it is the legal backbone of the transaction that ensures the title is properly transferred, all obligations are met, and both parties are protected. Whether you are a first-time buyer or an experienced investor, understanding how conveyancing works will help you navigate the property buying process with confidence.
What Exactly Is Conveyancing?
Conveyancing encompasses all the legal and administrative work involved in transferring property ownership. This includes:
- Reviewing and preparing the contract of sale
- Conducting property searches and title checks
- Ensuring compliance with state and territory laws
- Calculating adjustments for rates, levies, and other costs
- Liaising with the other party's legal representative
- Managing the exchange and settlement process
- Lodging transfer documents with the land titles office
The conveyancing process begins when you decide to make an offer on a property (or list a property for sale) and continues until settlement is complete and the new owner is registered on the title.
The Conveyancing Process: Step by Step
- 1
Pre-Contract
For buyers, your conveyancer reviews the draft contract of sale, the vendor disclosure statement (e.g., Section 32 in Victoria), and any special conditions. They identify risks, suggest amendments, and explain your commitments. For sellers, the conveyancer prepares the contract, obtains the title search, and prepares the vendor disclosure statement.
- 2
Contract Review and Negotiation
Your conveyancer reviews the full contract and all annexures, explains terms in plain language, identifies unusual or unfavourable clauses, suggests amendments or special conditions (e.g., subject to finance, subject to building inspection), and advises on the deposit and cooling-off period.
- 3
Exchange of Contracts
Both buyer and vendor sign the contract and it becomes legally binding. Your conveyancer ensures conditions are documented, arranges the deposit payment, confirms exchange and settlement dates, and provides you with the fully executed contract.
- 4
Between Exchange and Settlement
Your conveyancer conducts property searches (title, council, water, planning, strata), liaises with your lender, calculates rate adjustments, prepares transfer documents, arranges stamp duty payment, and books the settlement through PEXA.
- 5
Settlement
On settlement day, your conveyancer confirms funds are in place, verifies all documents, processes the settlement through PEXA, ensures the vendor's mortgage is discharged, lodges the transfer and mortgage registration, and notifies you that the property is yours.
- 6
Post-Settlement
Your conveyancer confirms the transfer is registered on the title, notifies council and water authorities of the ownership change, provides copies of all final documents, and sends the final invoice with a breakdown of costs and disbursements.
This is the stage where tools like Realestate Lens can help you identify red flags in the contract. For more on exchange, see our guide on exchange of contracts.
Conveyancer vs Solicitor: What Is the Difference?
In Australia, you can use either a licensed conveyancer or a solicitor (property lawyer) for your property transaction. Both can handle the legal aspects of buying or selling property, but there are important differences:
Licensed Conveyancer
- Specialises exclusively in property transactions
- Licensed under state-specific conveyancing legislation
- Generally less expensive than a solicitor
- Well-suited for straightforward residential transactions
- Cannot provide legal advice outside of conveyancing matters
Solicitor (Property Lawyer)
- A fully qualified lawyer who can provide broad legal advice
- Can handle complex issues like disputes, development applications, estate matters, or commercial transactions
- Typically charges more than a conveyancer
- Better suited for complex transactions, off-the-plan purchases, commercial property, or situations where disputes may arise
- Can represent you in court if necessary
When to Choose a Solicitor Over a Conveyancer
Consider using a solicitor if you are buying off the plan, the property involves complex title issues (e.g., crown land, heritage listing), there is a dispute with the other party, you are buying commercial or industrial property, or the transaction involves a company, trust, or SMSF.
Typical Conveyancing Costs
Conveyancing fees in Australia vary by state, complexity, and whether you use a conveyancer or solicitor. Here is what you can generally expect:
Professional Fees
- Licensed conveyancer: $800 to $1,500 for a standard residential transaction
- Solicitor: $1,200 to $2,500 or more, depending on complexity
Disbursements
In addition to professional fees, you will pay disbursements — out-of-pocket costs your conveyancer incurs on your behalf. Common disbursements include:
- Title search: $20-$50
- Council and water searches: $50-$300
- Planning certificate: $50-$100
- Strata/body corporate search: $100-$350
- Land tax clearance certificate: $20-$50
- PEXA registration fee: $30-$150
- Postage, copies, and sundries: $20-$50
Total disbursements typically range from $300 to $800. Combined with professional fees, expect to pay $1,100 to $3,300 in total conveyancing costs.
Can You Do Your Own Conveyancing?
Technically, yes — there is no legal requirement to hire a conveyancer or solicitor in most states. However, DIY conveyancing is strongly discouraged for several reasons:
Risks of DIY Conveyancing
Property law is complex and varies significantly between states. Missing a critical search, deadline, or obligation can have severe financial consequences. Many lenders require a licensed conveyancer or solicitor to act on the settlement. Licensed professionals carry professional indemnity insurance — if they make an error, you have recourse. For a purchase worth hundreds of thousands of dollars, saving $1,000-$2,000 on professional fees is not worth the risk.
How to Choose a Conveyancer
Finding the right conveyancer can make the difference between a smooth transaction and a stressful one. For a more detailed guide, see our article on how to choose a conveyancer. Here are key factors to consider:
- 1
Check licensing
Ensure they are licensed in the state where the property is located. Verify through your state's fair trading or licensing authority.
- 2
Ask about fees upfront
A reputable conveyancer will provide a clear quote including professional fees and estimated disbursements before you engage them. Avoid those who are vague about costs.
- 3
Look for experience with your property type
If you are buying a strata property, off-the-plan, or rural land, choose someone with experience in that area.
- 4
Check communication style
You want a conveyancer who explains things clearly, responds promptly, and keeps you informed throughout the process.
- 5
Read reviews
Check online reviews and ask for recommendations from friends, family, or your real estate agent. Personal referrals are often the most reliable.
- 6
Confirm availability
Ask about their current workload and whether they can handle your timeline, especially if you have a tight settlement period.
Conveyancing is an essential part of every property transaction in Australia. While it operates largely behind the scenes, your conveyancer is your legal safeguard throughout the buying process — from reviewing the contract to handing you the keys. Choose a licensed professional, understand their fees, and give them the information they need to do their job efficiently. A good conveyancer will save you far more than they cost by catching issues before they become expensive problems.
Analyze Contracts with AI
Realestate Lens identifies risks, hidden costs, and red flags in any Australian property contract — in about 60 seconds.
Get Started FreeFor more on the terminology and concepts involved, see our glossary entry on conveyancing. If you are a first-time buyer, our first home buyer guide provides a complete roadmap for the entire purchase process.