What is conveyancing?
Conveyancing is the legal process of transferring or ‘conveying’ ownership of a property from a seller to a buyer. It’s one of the most important and also complex elements of the property-buying journey.
What does a conveyancer do?
Responsibilities that go along with conveyancing include but are not limited to:
- Creating and reviewing contracts
- Liaising with governments and local councils
- Sourcing certificates of title and other important documents
- Representing buyers and sellers on settlement day and ensuring the process runs smoothly
Who can do conveyancing in each state and territory?
In most parts of Australia, conveyancing can be done by a professional real estate conveyancer (sometimes called a settlement agent) or a solicitor.
The exceptions are Queensland, where conveyancers are required to be solicitors, and the ACT, where conveyancers must be solicitors or work in a solicitor’s office.
State/Territory | Conveyancer | Solicitor |
|---|---|---|
NSW | ✔️ | ✔️ |
Vic | ✔️ | ✔️ |
SA | ✔️ | ✔️ |
WA | ✔️ | ✔️ |
NT | ✔️ | ✔️ |
Tas | ✔️ | ✔️ |
Qld | ❌ | ✔️ |
ACT | ❌* | ✔️ |
*Not all conveyancers in the ACT must be solicitors themselves, but if they’re not, they must work out of a solicitor’s office.
Should I use a conveyancer or a lawyer when buying a house?
Both conveyancers and solicitors can help you with the transfer of a property title. The choice between one or the other can come down to the complexity of the transaction. So how do you decide?
When is a conveyancer a good fit?
A conveyancer may be the more cost-effective choice, particularly if your purchase is likely to be fairly straightforward. You might consider a conveyancer if:
- You’re buying a standard residential home or apartment
- The purchase does not involve any complex arrangements (for example, purchasing through a trust)
- Your main focus is on the ease of the transaction, and you want a professional to guide you through to settlement
When is a solicitor a good fit?
A solicitor may be more expensive, but can also offer a higher level of protection and peace of mind if your transaction is more complex. You might consider a solicitor if:
- The contract of sale has any unusual conditions or terms added by the buyer or seller
- You foresee any disputes related to the property, particularly with relations to boundaries, easements or tenancies
- Your focus goes beyond the transaction, and you also need more specialised advice, potentially around asset protection, trusts, tax, or wills and estate planning
Bear in mind, in Queensland, you will have to use a solicitor for conveyancing work and, in the ACT, a conveyancer must be a solicitor or work in a solicitor’s office.
How do I choose a conveyancer?
Choosing a conveyancer is largely the same as selecting any other professional. While you can simply search online for a nearby service, the best referrals can often come via word of mouth, so a recommendation from a trusted friend or family member could be a good way to start your search. Your real estate agent or mortgage broker may also be able to recommend a conveyancer or solicitor.
The Australian Institute of Conveyancers in an online resource with links to various state and territory conveyancing bodies. To find a solicitor, you could try your state or territory’s law society, such as the Queensland Law Society or the ACT Law Society.
How much does conveyancing cost?
According to OpenAgent, the cost of conveyancing fees can range from $1,085 to $1,875, depending on your state or territory. This will generally include a PEXA settlement fee of $146.30, along with fees for title searches, utility searches and certificates, zoning and planning searches, and body corporate searches.
Bear in mind, these numbers are not exact, and the more complex your needs, the higher the cost of conveyancing might be.
What questions should you ask a conveyancer or conveyancing solicitor?
If you’re hunting for a conveyancer or solicitor, it could be worth talking with multiple people to make sure you find the right fit for your needs. Some questions you might consider asking include:
- Are you a member of the Australian Institute of Conveyancers?
- What types of property do you mainly specialise in?
- What are your costs? What fees, and charges will I have to pay at settlement? Are there any hidden costs?
- How will you communicate with me and how often?
For your peace of mind, you may want to do a background check to ensure they are legally allowed to carry out the work and have no complaints against them. The Australian Institute of Conveyancers or the Legal Services Commission in your state or territory can help with this.
Conveyancing isn’t the only cost of buying a home. If you want to get an idea of how much stamp duty you’ll have to pay on your property, try out our Stamp Duty Calculator.
Can I do my own conveyancing?
It’s not a legal requirement to engage the services of a professional conveyancer in Australia. If you wish, you can undertake the process yourself, with the help of a DIY conveyancing kit.
However, there are limitations to this, as modern property settlements happen electronically via Property Exchange Australia (PEXA), so you will still need to hire a professional with access to this system to complete your final settlement.
While it is not required by law that you engage the services of a lawyer or conveyancer when buying a property, it’s strongly recommended that you do. Given the complexity of the conveyancing process, a trained and appropriately licensed professional can guide you through possible pitfalls in the buying and selling process, and help you avoid costly mistakes.
