property law conveyancing

Do I need a conveyancer or a property lawyer when buying a house in Australia?

Last updated August 3, 2026

A conveyancer can manage many standard property purchases, while a property lawyer is better placed to handle disputes, complex contracts and unusual ownership arrangements.

A licensed conveyancer can usually handle a straightforward property purchase where non-lawyer conveyancing is permitted. A property lawyer may be more suitable when the contract, title or ownership arrangement is complex.

Bark has nearly 350 property law and conveyancing professionals across Australia to compare, and more than 1,500 customers have used Bark to find help with a property transaction.

Compare conveyancers and property lawyers and request quotes before signing the contract.

The right choice also varies according to where you’re buying. Queensland and the ACT don’t use the same separate licensed-conveyancer system found in states such as NSW and Victoria.

Knowing who can act in your jurisdiction, what each professional can handle and when wider legal advice is needed can help you appoint the right person before the purchase becomes binding.


When should you appoint a conveyancer or property lawyer?

property law conveyancing

Appoint someone before signing the sale contract. This gives them time to explain the terms, identify risks and request changes while there is still room to negotiate.

A contract review should cover:

  • Purchase price and deposit
  • Finance and inspection conditions
  • Settlement date
  • Cooling-off rights
  • Easements and restrictions
  • Strata or owners corporation obligations
  • Special conditions

Your representative should also check whether the seller has supplied the mandatory disclosure documents required in your jurisdiction.

Queensland introduced a new seller disclosure scheme on 1 August 2025. Sellers generally need to provide the prescribed disclosure statement and supporting certificates before the buyer signs the contract.

What should you do before bidding at auction?

Arrange a full contract review and any necessary property searches several days before the auction. This gives your conveyancer or lawyer time to identify restrictive covenants, check title disclosures and negotiate special conditions with the seller’s agent.

Property purchased at auction is generally unconditional. There is usually no cooling-off period, so the successful bid creates a binding contract immediately.

You should also arrange finance approval and physical property inspections beforehand. If you win and your lender later delays or refuses finance, you may risk losing the deposit and facing a claim for breach of contract.

Can a conveyancer review a property contract?

property contract

Yes. Contract review is a core part of licensed conveyancing where the practitioner is authorised to act.

A conveyancer may also:

  • Order property searches
  • Prepare transfer documents
  • Calculate settlement adjustments
  • Communicate with your lender
  • Coordinate electronic settlement
  • Lodge the transfer

The work they can perform depends on their licence and jurisdiction.

In NSW, an unrestricted conveyancer can work on residential and commercial transactions, mortgages, rural property and some business sales. Restricted licences may limit the type of work a practitioner can handle.

NSW conveyancers can’t commence legal proceedings, create or vary trusts or provide investment advice.

A property lawyer can carry out the same core conveyancing work and provide wider legal advice when the transaction raises issues beyond a conveyancer’s permitted scope.

When do you need a property lawyer instead of a conveyancer?

man thinking

A conveyancer may be enough when you’re buying an established home in your own name under a relatively standard contract.

Consider a property lawyer when:

  • You’re buying through a trust, company or SMSF
  • The contract contains complex special conditions
  • The title has unusual restrictions
  • A boundary or easement is disputed
  • Required disclosure may be missing
  • You need to terminate or enforce the contract
  • The purchase involves an estate or family dispute

Off-the-plan purchases may also need specialist advice. These contracts can cover sunset dates, design changes, completion delays and developer rights.

An experienced conveyancer may still be suitable where their licence allows them to handle the work. Relevant experience matters as much as the professional title.

Ask what will happen if the transaction develops into a wider legal dispute. Some conveyancing practices have an in-house solicitor, while others will need to refer you elsewhere.

What is the difference between a conveyancer and a property lawyer?

Both professionals can manage a property transfer, but their qualifications and legal scope differ.

How do conveyancers and property lawyers compare?

Area

Licensed conveyancer

Property lawyer

Main focus

Property transfers and settlement

Conveyancing and wider property law

Professional pathway

Approved qualifications, experience and any required state licence

Legal qualification, admission and current practising certificate

Contract advice

Within the scope permitted by the licence

Wider property law advice

Legal disputes

May need to refer the matter

Can advise and act where suitably experienced

Availability

Licensed separately in several jurisdictions

Available across Australia

A conveyancer isn’t simply an administrator. They perform legal work and must follow the licensing, conduct and insurance rules that apply where they practise.

A property lawyer has completed broader legal training. This becomes useful when a purchase involves disputes, trusts or related areas of law.

Who can handle conveyancing in each Australian state or territory?

Australia doesn’t have one national conveyancing system. The professional who can handle your purchase depends partly on where the property is located.

Who can manage your property transfer?

State or territory

Who commonly handles the transaction?

New South Wales

Licensed conveyancer or solicitor

Victoria

Licensed conveyancer or legal practitioner

Queensland

Solicitor or law practice

Western Australia

Licensed settlement agent or legal practitioner

South Australia

Registered conveyancer or legal practitioner

Tasmania

Licensed conveyancer or legal practitioner

Australian Capital Territory

Generally a solicitor

Northern Territory

Licensed conveyancing agent or legal practitioner

What are the conveyancing rules in NSW?

NSW Fair Trading licenses individual conveyancers and corporate practices to handle property transactions.

Many practitioners hold unrestricted licences, allowing them to manage residential, commercial and rural property transactions. Other licences may restrict the practitioner to particular work or require supervision.

Before appointing someone, use the NSW Government’s property agent and conveyancer licence check to confirm that their licence is current and covers your type of transaction.

What are the conveyancing rules in Victoria?

Victoria has a separate licensing system for conveyancers.

The Consumer Affairs Victoria public register shows the practitioner’s licence number, business details, licence status and any conditions attached to the licence. Check these details before appointing someone to handle the transaction.

Do you need a solicitor in Queensland?

Queensland doesn’t have a separate licence for independent non-lawyer conveyancers.

Conveyancing is therefore generally completed through a solicitor or law practice. Look for someone who regularly handles property transactions and understands Queensland contract and disclosure requirements.

Who handles property settlement in Western Australia?

settlement agent

In Western Australia, real estate conveyancers are legally known as settlement agents.

They are licensed by Consumer Protection to manage the legal transfer of property ownership. You can check whether someone is authorised through the WA Government’s settlement agent licensing guidance.

A licensed settlement agent may:

  • Review the contract and special conditions
  • Order title, encumbrance and council searches
  • Prepare land-transfer documents
  • Calculate settlement adjustments
  • Liaise with the lender
  • Coordinate electronic settlement through PEXA

Legal practitioners can also manage property settlements in WA without holding a separate settlement-agent licence.

For a routine house or unit purchase, a licensed settlement agent may be a suitable and cost-effective option. A property lawyer may be safer where the purchase involves a dispute, trust arrangement or non-standard contract clauses.

Who handles conveyancing in South Australia?

Property transfers in South Australia are managed by registered conveyancers or legal practitioners.

Anyone preparing property-transfer documents or managing settlements as a conveyancer must be registered with Consumer and Business Services. The SA Government’s conveyancer registration guidance explains who needs to register and how the system works.

Your conveyancer or solicitor may review the contract, examine the seller’s Form 1 disclosure statement and coordinate electronic settlement through PEXA.

Who can handle conveyancing in Tasmania?

Tasmania licenses conveyancers through Consumer, Building and Occupational Services.

A licensed conveyancer or legal practitioner can generally manage a property transfer. Before appointing someone, use the Tasmanian Government’s occupational licence search and select “Conveyancer” to confirm that their licence is current.

A property lawyer may be more suitable if the purchase involves a dispute, unusual ownership structure or legal issue outside ordinary conveyancing work.

Do you need a solicitor when buying in the ACT?

solicitor

Property transactions in the ACT are generally handled by solicitors rather than a separately licensed class of non-lawyer conveyancers.

Legal practitioners and financial institutions can use the ACT’s electronic conveyancing system to lodge documents through PEXA. A solicitor can review the contract, explain the disclosure material and manage the transfer and settlement process.

Extra legal advice may be needed for off-the-plan property, company-title schemes, retirement villages, commercial property or rural purchases.

Who handles conveyancing in the Northern Territory?

The Northern Territory requires conveyancing agents to hold a licence overseen by the Agents Licensing Board.

A licensed conveyancing agent or legal practitioner may handle a standard property transfer. Some additional work, including preparing leases, mortgages or restrictive covenants, may require a special endorsement.

You can check licence details through the NT Government’s Licensing Online public register and confirm that the practitioner is authorised for the work your transaction requires.

Hire a property lawyer or conveyancer near you

Have a contract ready to review? Find a conveyancer or property lawyer on Bark before you sign so you can seal the deal with confidence!

What happens after you sign the contract?

contract signing

Once the contract becomes binding, your conveyancer or lawyer prepares the purchase for settlement.

They’ll usually confirm deadlines, contact your lender, order searches and prepare the transfer documents.

Searches may cover:

  • Title ownership
  • Easements and covenants
  • Council and water charges
  • Land tax
  • Strata records
  • Outstanding notices

Your quote should explain which searches are included and which are charged separately.

Legal searches don’t replace a physical property inspection. A title search may reveal an easement, but it won’t identify structural damage or termite activity.

A building inspector can assess the physical condition of the property before your inspection deadline expires.

What happens on settlement day?

Settlement is when the remaining purchase money is transferred and legal ownership changes. Most settlements are now completed electronically through platforms such as PEXA.

Your conveyancer or lawyer will confirm the final figures, coordinate with your lender and check that the documents are ready. They’ll also calculate adjustments for costs such as council rates and water charges.

Once settlement is complete, they’ll notify you and confirm that the transfer has been lodged. The real estate agent can release the keys after receiving confirmation from the seller’s representative.

How much does a conveyancer or property lawyer cost?

lawyer cost

Professional fees for conveyancing commonly range from around $800 to $2,500 plus GST, depending on the transaction, property type and professional you appoint.

A licensed conveyancer may charge approximately $800 to $1,500 plus GST for relatively standard residential work. Property lawyer fees may sit between $1,200 and $2,500 plus GST, particularly where the contract or ownership structure requires broader legal advice.

These are general price guides rather than fixed rates. The amount may rise for off-the-plan contracts, strata purchases, rural property, commercial transactions, trusts, disputes or urgent work.

Bark’s Conveyancing Cost Guide provides a wider breakdown of the factors that can affect the final price.

What extra conveyancing costs should you expect?

Professional fees may not include disbursements, which are third-party expenses paid during the transaction.

These may include:

  • Title and council searches
  • Water authority information
  • Land tax clearances
  • Verification of identity checks
  • PEXA settlement charges
  • Bank or lender fees

Disbursements may add approximately $350 to $700, with GST applying where relevant. Some government searches and statutory charges may be GST-free, so ask for an itemised quote showing the tax treatment of each cost.

What should you watch for in a low quote?

A low flat-fee quote may exclude searches or charge more if the transaction becomes complicated.

Ask whether extra charges apply for:

  • Urgent contract reviews
  • Settlement extensions
  • Contract variations
  • SMSF or family-trust purchases
  • Transactions that fall through
  • Additional negotiations with the seller

Comparing complete quotes is more useful than comparing the advertised base fee alone.

What should you check before hiring a conveyancer or lawyer?

Look beyond the upfront fee. A low quote offers little value if the practitioner lacks the right licence, misses a deadline or charges separately for most of the work you need.

Licence and experience

Confirm that the conveyancer holds an active licence in the state or territory where the property is located. A solicitor should hold a current practising certificate.

Ask whether they regularly handle your type of property and ownership arrangement.

Contract-review timing

Arrange contract advice before signing, bidding or making an unconditional offer. Once the agreement is binding, your ability to negotiate the terms may be limited.

Full fee breakdown

Check whether the quote includes searches, lender liaison, PEXA charges and GST.

Ask how additional work will be approved and charged.

Specialist property knowledge

Buying off the plan, through an SMSF or family trust, or purchasing strata, rural or commercial property may require experience beyond a standard residential transfer.

File management and communication

Confirm who will manage the file and how quickly they usually respond during the period leading up to settlement.

You should also ask what happens if a dispute develops. A non-lawyer conveyancer may need to refer the matter to an outside law firm, potentially adding cost and delay.

Which other professionals might you need when buying a property?

building inspection

A conveyancer or lawyer manages the legal transfer of the property. They don’t inspect the building, arrange your mortgage or handle the move.

Mortgage advisor

Secure pre-approval early so you understand your borrowing capacity and can work towards final approval before the finance deadline.

A mortgage advisor can help you compare lending options and prepare the application.

Building and pest inspectors

Arrange pre-purchase reports before the relevant contract condition expires.

A building inspection can identify structural defects and maintenance concerns, while a pest controller can check for termites and other pest activity.

Removal company

Once settlement is confirmed and the contract is unconditional, start organising the move.

Booking a removal company early may give you more choice of dates, particularly around weekends and busy moving periods.

Final thoughts

A licensed conveyancer may be suitable for a straightforward residential purchase where their licence allows them to act. They can review the contract, conduct searches and manage the transfer and settlement process.

Choose a property lawyer when the purchase involves a trust, company, SMSF, dispute, unusual title issue or complex contract. You’ll also generally need a solicitor when buying in Queensland or the ACT.

The right professional is the one authorised to act in the property’s jurisdiction and experienced in the risks involved in your particular purchase. When you’re ready to proceed, compare conveyancers and property lawyers, review what each quote includes and appoint someone before you sign.


FAQs

Only if they’re authorised to perform the work where the property is located. Licensing and mutual-recognition rules differ between jurisdictions.

Confirm their authority before sending the contract or paying a fee.

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