In most of Australia, a licensed conveyancer or a solicitor can handle a standard property purchase or sale. Queensland and the ACT are different. There, conveyancing is done by lawyers or under a lawyer's supervision. A solicitor can also give wider legal advice and act for you in a dispute or in court. A conveyancer works only on property transfers.
What is conveyancing?
Conveyancing is the legal work of moving ownership of a property from the seller to the buyer. NSW Fair Trading describes it as the legal work of preparing a sales contract, a mortgage and the documents that go with them.
Usually the buyer and the seller each hire their own legal practitioner or conveyancer. NSW and Victorian government guidance says you can do your own conveyancing. Consumer Affairs Victoria warns that if you do, you will not be covered by a professional's indemnity insurance if something goes wrong.
What is the difference between a conveyancer and a solicitor?
A licensed conveyancer is trained for property transactions only. In NSW, a conveyancer licence covers legal work on things like selling or leasing land, selling a business, and taking out a mortgage over a property.
A solicitor (also called a lawyer or legal practitioner) must hold a current practising certificate. Consumer Affairs Victoria explains that a legal practitioner can do general legal work and give legal advice to their client, not just handle the property transfer.
When the job is just conveyancing, NSW Fair Trading says conveyancers and solicitors are equally qualified to do it. The real difference shows up when a property deal runs into a wider legal problem.
Who is licensed to do conveyancing in each state?
Each state and territory makes its own rules. Even the name for a conveyancer changes from place to place.
| State or territory | Who can do conveyancing | Who licenses non-lawyers |
|---|---|---|
| NSW | Licensed conveyancer or solicitor | NSW Fair Trading |
| Victoria | Licensed conveyancer or legal practitioner | Business Licensing Authority, with Consumer Affairs Victoria |
| Queensland | A law practice, with the work done by a solicitor or supervised by one | No separate conveyancer licence |
| Western Australia | Licensed settlement agent or certified legal practitioner | Consumer Protection |
| South Australia | Registered conveyancer or solicitor | Consumer and Business Services |
| Tasmania | Licensed conveyancer or solicitor | State licensing |
| ACT | Solicitor, or a conveyancer working in a solicitor's office | No separate conveyancer licence |
| Northern Territory | Licensed conveyancing agent or solicitor | NT agents licensing |
New South Wales
Anyone who runs a conveyancing business, or is employed to do conveyancing work, needs a licence from NSW Fair Trading. Most licensed conveyancers hold an unrestricted licence, so they can work on residential, commercial and rural property. Fair Trading suggests checking that a conveyancer is licensed before you choose one.
Victoria
Legal practitioners must hold a current practising certificate, and conveyancers must be licensed. Both must carry professional indemnity insurance. Consumer Affairs Victoria points out that the law allows lawyers and conveyancers to do different things for a client. Complaints also go to different places. Complaints about a lawyer go to the Legal Services Board and Commissioner. Complaints about a non-lawyer conveyancer go to Consumer Affairs Victoria.
Queensland
Queensland does not license standalone conveyancers. Paid conveyancing must be done by a law practice. The work is done by a solicitor or by staff that a solicitor supervises. If a Queensland business calls itself a conveyancer, it should be working inside a law firm.
Western Australia
In WA the role is called a settlement agent. According to Consumer Protection, there are two legal ways to do this work. One is to hold a Consumer Protection settlement agent licence. The other is to be a certified legal practitioner. Licensed real estate settlement agents need professional indemnity insurance of at least $250,000. They must also put client money in a statutory trust account.
South Australia, Tasmania, the ACT and the NT
In South Australia, conveyancers are registered under the Conveyancers Act 1994 and regulated by Consumer and Business Services. Tasmania requires conveyancers to hold a licence. In the ACT, conveyancing is limited to solicitors and people working in a solicitor's office. In the Northern Territory, a conveyancing agent licence is needed to search land titles, arrange contracts of sale and prepare documents relating to land.
If you buy or sell property in another state, the professional needs to be able to act in the state where the property is.
How much does conveyancing cost?
The government does not set conveyancing fees. Each business sets its own prices, and the official guidance used for this guide does not give a standard fee. The price usually depends on how complicated the deal is and on which professional you use.
A conveyancing bill usually has two parts:
- The professional fee for the conveyancer's or solicitor's own work.
- Disbursements, which Consumer Affairs Victoria describes as administrative costs. These are costs the professional pays on your behalf and then passes on to you, such as search fees.
Consumer Affairs Victoria suggests getting written quotes from several providers and talking through all disbursements before you decide. In WA, a settlement agent must give you a written quote showing the most they will charge before you sign the appointment to act. In WA you can also change settlement agents at any time, but you may have to pay for the work already done.
When is a solicitor worth it?
For a simple purchase or sale with a standard contract, a licensed conveyancer can do the job where the state allows it. A solicitor tends to be worth considering when the property deal is tied up with a wider legal issue, for example:
- A dispute with the other side, or a deal that may end up in court.
- A deceased estate, where the property is being sold or transferred as part of a will or probate.
- A separation, where the property transfer is part of a family law settlement. Our guide to what happens to money and property when you separate explains more.
- Trusts, companies or complex tax issues, where advice about structure goes beyond the transfer itself.
- Unusual contract terms that you want legal advice on, not just paperwork handled.
In Queensland and the ACT the choice is different, because a lawyer will be involved either way. There, the more useful question is which law practice to use and who will supervise your file.
What protections do you get?
Consumer Affairs Victoria explains two layers of protection when you use a legal practitioner or conveyancer. Professional indemnity insurance covers loss caused by their advice. Statutory compensation funds can repay money they held for you if it is lost. These protections are a big reason most people don't do their own conveyancing.
When to get professional help
Most people buying or selling property hire a licensed conveyancer, a settlement agent in WA, or a solicitor. It makes most sense to bring one in before you sign a contract, so they can check the terms while changes are still possible. If your sale or purchase involves a dispute, an estate, a separation or a trust, a property solicitor can cover both the transfer and the legal advice.
Before you hire anyone, check their licence or practising certificate. FIZO shows whether a conveyancer is on the regulator's register. You can find a conveyancer on FIZO and compare options in your area.