Conveyancing Australia Guide: What It Costs and What Your Conveyancer Does
Conveyancing is the legal process of transferring ownership of property from vendor to buyer. In Australia, every property transaction requires conveyancing — either performed by a licensed conveyancer or a solicitor with property law expertise. Most first home buyers do not know what their conveyancer actually does, which makes it difficult to know whether they are getting value for money and how to work effectively with them. This guide explains every stage of the conveyancing process, typical costs, and what questions to ask.
What a Conveyancer Does: The Five Stages
Stage 1 — Pre-exchange (before signing the contract): Review the vendor's contract of sale, identify any special conditions, check for easements or encumbrances on the title, review strata records (for apartments), check local council zoning and any development approvals or outstanding notices, and advise you on any concerns before you commit.
Stage 2 — Exchange: The point at which both parties sign the contract and it becomes legally binding. For private sales, exchange typically occurs after negotiation of price and conditions. For auctions, exchange occurs when the hammer falls (the buyer's deposit — usually 10% — is paid on the day). Your conveyancer ensures the contract reflects agreed terms before you sign.
Stage 3 — Pre-settlement searches and due diligence: Your conveyancer orders a range of searches to verify the property's legal status: title search, land tax clearance certificate, council rate certificate, water rate search, land registry search, body corporate search (for strata). These searches identify any outstanding debts, charges, or restrictions attached to the property that must be cleared before settlement.
Stage 4 — Settlement preparation: Coordinates with your lender to prepare settlement funds, liaisons with the vendor's conveyancer to agree on final figures (adjustments for council rates, water rates paid in advance), prepares transfer documents, and arranges the settlement time and date.
Stage 5 — Settlement: The moment legal ownership transfers. In most Australian states, settlement occurs electronically through PEXA (Property Exchange Australia). Funds are transferred, the title is registered in your name, and keys are released. Your conveyancer manages the entire settlement process — you do not need to physically attend.
Conveyancing Costs: What to Expect
| Cost Item | Typical Range | Notes |
|---|---|---|
| Professional fee (conveyancer) | $800–$1,800 | Fixed or hourly — ask upfront |
| Title search | $30–$80 | State land registry fee |
| Searches (council, water, land tax) | $200–$500 | Disbursements — paid to councils |
| PEXA electronic settlement | $100–$150 | Electronic settlement platform fee |
| Stamp duty (buyer) | $0–$38,000+ | State-dependent; often exempt for FHBs |
| Total (exc. stamp duty) | $1,200–$2,600 | Varies by state and complexity |
Conveyancing fees vary significantly by state — Queensland and Victorian conveyancers typically charge less than NSW. Online conveyancing services can reduce fees to $800–$1,200 for straightforward transactions. Complex purchases (rural properties, off-the-plan, deceased estates) warrant more experienced and higher-fee practitioners.
Conveyancer vs Solicitor: What Is the Difference?
A licensed conveyancer specialises exclusively in property transactions. They are regulated by state-based licensing requirements and carry professional indemnity insurance. For standard residential property transactions, a conveyancer is entirely adequate and often less expensive than a solicitor.
A property solicitor (lawyer) has broader legal qualifications that include property law. For complex transactions — disputes, off-the-plan contracts with unusual conditions, properties with unresolved legal issues, or estate transactions — a solicitor provides broader legal coverage. Some buyers prefer the comfort of a solicitor for their largest financial transaction regardless of complexity.
Avoid choosing solely on price. A $200 cheaper conveyancer who misses a significant contract issue can cost you far more than the saving. Check registration, insurance status, and reviews.
Settlement Adjustments Explained
At settlement, financial adjustments are made between buyer and seller for costs that have been paid in advance or in arrears. Council rates and water rates are calculated to the settlement date — if the vendor has paid council rates for the full quarter and settlement occurs mid-quarter, the buyer reimburses the vendor for the remaining days. If the vendor is in arrears, the seller pays those from settlement funds. Your conveyancer calculates these figures and includes them in the settlement statement you receive before settlement day.
Frequently Asked Questions
- When should I engage a conveyancer?
- Before you sign anything. Ideally, before you make an offer on a private sale property — so your conveyancer can review the contract first. At minimum, as soon as you are serious about a property and before exchange. For auction purchases, engage your conveyancer at least a week before auction day so they have time to review the contract and advise on any issues.
- Can I do my own conveyancing?
- Legally, you can in some Australian states (NSW, VIC, QLD allow self-conveyancing). Practically, most lenders require a conveyancer or solicitor to handle settlement if there is a mortgage involved — and most first home buyers have mortgages. The risk of self-conveyancing without legal training (missing a search, incorrect documents, missed deadlines) far outweighs the fee saving. Engage a professional.
- What happens if the vendor cannot settle on the agreed date?
- If the vendor fails to settle on the agreed date, you are entitled to serve a notice to complete, giving them a further 14 days (typically). During this notice period, you can claim interest on the purchase price at the contract rate. If they still fail to settle, you can ultimately rescind the contract and claim all associated costs and damages. Your conveyancer handles this process and protects your position in a delayed settlement situation.
