Buying or selling property is one of the biggest transactions most people will ever undertake. Behind every sale sits a detailed legal process known as conveyancing - the formal transfer of property ownership from one party to another.
While it might appear straightforward, conveyancing involves a series of steps governed by strict legal requirements. In NSW, the process is regulated primarily by the Conveyancing Act 1919 (NSW), the Real Property Act 1900 (NSW), and related regulations.
This article explains what conveyancing involves, who can carry it out, and why engaging an experienced solicitor ensures your interests are properly protected.
Who Needs Conveyancing?
Conveyancing is required in almost every property transaction, including:
Buying property – whether it’s a house, apartment, vacant land, or off-the-plan development.
Selling property – preparing and exchanging a compliant Contract for Sale and completing settlement.
Transfers between family members or related entities – such as between spouses, family trusts or companies.
No matter the type of property or the value involved, every transaction requires accurate documentation and formal registration of ownership. Skipping steps or relying on informal arrangements can lead to delays, disputes, or even loss of title.
Who Can Carry Out Conveyancing in NSW?
In NSW, only solicitors and licensed conveyancers can perform conveyancing work for a fee. Both are trained to prepare and lodge the necessary documents — but there are important differences in what they can do.
A licensed conveyancer is qualified to handle standard property transactions. However, they are not legally trained to advise on matters that extend beyond the immediate conveyance. If a dispute arises, if a party defaults, or if the transaction has more complex features — such as caveats, unregistered interests, deceased estates, bankruptcy aspects, or trust ownership — their ability to assist may be limited.
By contrast, a solicitor is broadly trained in all areas of law and can address issues that may not be apparent at the outset. Even the simplest property transaction can become complicated if one party fails to meet their obligations or if hidden defects are revealed in the title or contract. These are the kinds of issues you might never detect from simply inspecting a property. It’s your lawyer’s job to review the documents, identify potential risks, and protect you from costly mistakes.
Engaging a solicitor ensures that whatever arises, your transaction is managed with the full benefit of legal oversight and professional accountability.
The Legal Framework
Conveyancing in NSW operates within a defined legislative framework. The main statutes include:
Conveyancing Act 1919 (NSW) – sets out many of the formal requirements for contracts, disclosures, and dealings.
Real Property Act 1900 (NSW) – governs Torrens Title registration, where ownership is recorded on a central government register.
Conveyancing (Sale of Land) Regulation 2022 (NSW) – prescribes the documents that must be attached to a contract, such as title searches and zoning certificates.
Most property in NSW is held under Torrens Title, meaning ownership and interests are recorded with NSW Land Registry Services. All settlements are now completed electronically through PEXA, the digital conveyancing platform mandated in NSW for most property transactions.
What Documents Are Involved?
Conveyancing relies on a series of key documents that establish and record ownership, obligations, and settlement details. These typically include:
Contract for Sale of Land – setting out the agreed terms and conditions.
Title search and Section 10.7 Planning Certificate – confirming ownership, zoning and land use restrictions.
Drainage diagram and compliance certificates – identifying services and building compliance.
Transfer form and settlement statement – used for registration and financial adjustment.
Mortgage and discharge of mortgage documentation – ensuring any loan on the property is correctly registered or released.
Accuracy in these documents is critical. An omitted disclosure, incorrect certificate, or late lodgement can delay settlement or expose a party to legal claims.
The Conveyancing Timeline (At a Glance)
Every transaction will differ, but the general sequence in NSW follows three main stages:
Preparation and review of the contract – The seller’s lawyer or conveyancer prepares the Contract for Sale, including all prescribed documents. The buyer’s solicitor reviews the contract and advises on terms, searches, and any special conditions before exchange.
Exchange of contracts – Both parties sign identical copies of the contract, which are swapped and dated. The contract then becomes legally binding. A five-business-day cooling-off period usually applies for buyers unless a Section 66W Certificate waives it.
Settlement – Usually four to six weeks after exchange. Final adjustments are made, funds are transferred, and ownership is formally registered.
While these steps may sound simple, the timing is precise and heavily regulated. Each stage has legal and financial consequences if not managed properly.
Common Issues That Arise
Even routine conveyancing matters can encounter problems. Some of the most common include:
Easements, covenants, or caveats affecting title.
Unapproved structures or building compliance issues.
Late finance approval or valuation disputes.
Errors or omissions in the contract.
Delays in mortgage discharge or electronic settlement.
Some of these risks can be avoided with early, thorough legal review. Others will have to be dealt with on the fly, if and when they arise, and often they can be time critical. A solicitor experienced in NSW property law can identify warning signs and resolve issues before they cause disruption.
What Does a Conveyancing Lawyer Actually Do?
While much of conveyancing happens behind the scenes, your conveyancing lawyer’s role is broader than simply filling out forms. They:
Review the contract and explain your rights and obligations.
Conduct property and title searches to uncover potential issues.
Negotiate amendments to protect your position.
Liaise with the agent, lender, and the other party’s lawyer.
Ensure settlement and registration occur without delay.
A good conveyancing lawyer manages both the legal and practical aspects, guiding you through each step, anticipating problems, and ensuring compliance with NSW law.
How Much Does Conveyancing Cost?
Conveyancing fees vary depending on the property type and complexity of the transaction. Costs generally include:
Professional fees – for preparing, reviewing, and managing the transaction.
Disbursements – third-party expenses such as title searches, registration fees, and certificates.
Government charges – such as stamp duty, where applicable.
It’s natural to compare quotes, but price alone shouldn’t drive your decision. Conveyancing involves significant legal work and risk management. Choosing the cheapest option can be a false economy if a mistake leads to financial loss or a failed settlement. The value of experienced legal guidance far outweighs any short-term savings.
How to Choose the Right Conveyancing Lawyer
When selecting a lawyer to handle your conveyance, consider:
Their experience in NSW property law.
Whether they communicate clearly and keep you informed.
Their ability to handle related legal issues if they arise (for example, disputes, commercial structures, lease issues, or contract related problems).
Whether the firm has Accredited Specialists in Property Law — a credential that recognises advanced expertise in this field.
Choosing the right lawyer means more than completing a transaction. It means ensuring that your property rights are secure.
Conclusion
Conveyancing is the backbone of every property transfer in NSW. While the process may appear administrative, it carries serious legal and financial implications. Having an experienced solicitor manage your matter provides peace of mind that the transaction is handled correctly from start to finish.
Our property team includes Accredited Specialists in Property Law who assist clients across Sydney and NSW with all aspects of conveyancing. If you’re buying, selling or transferring property, give us a call or submit an enquiry now to speak with one of our property lawyers.
