Conveyancer vs solicitor in NSW: who can do what

Both licensed conveyancers and solicitors handle property transactions in NSW, but their authorised scope is not the same. The practical question is not which costs less -- it is whether the tasks your transaction requires fall within the scope your professional is authorised to perform.

Task-by-task: what each professional can do in NSW

Scope is set by legislation: conveyancers by the Conveyancers Licensing Act 2003 (NSW); solicitors by the Legal Profession Uniform Law Application Act 2014 (NSW).

General guidance only. Task scope is set by the Conveyancers Licensing Act 2003 (NSW). Ask a professional whether your specific transaction falls within the authorised scope before appointment.

Where scope limits create risk

A licensed conveyancer is authorised to practise conveyancing only. If a transaction develops legal complexity that falls outside that scope, the conveyancer is required to refer the matter -- they cannot give legal advice on it. This referral is appropriate, but it happens after you have already paid for the conveyancer's work to date, and you then need to engage a solicitor at short notice.

Common situations where scope limits become a practical problem mid-transaction:

• A caveat appears on title at settlement. Removing a caveat may require court action. Only a solicitor can commence proceedings or seek a lapsing notice order. See caveats on property in NSW.
• A party defaults or threatens to rescind. Issuing a Notice to Complete, advising on rights of rescission, or pursuing breach-of-contract remedies are legal matters beyond a conveyancer's authorised scope.
• Title search returns an unapproved structure or zoning issue. A conveyancer can report the result of the search; they cannot advise on what legal options exist or negotiate outcomes with the vendor's lawyers.
• Co-ownership structure is complicated by a relationship breakdown. If co-purchasers separate mid-transaction, advice on how to hold title, or restructure the purchase, is legal advice outside conveyancing scope.

The risk is not that conveyancers are less competent for the work they are authorised to do -- it is that scope limits are not always predictable at the outset of a transaction. If any of the above scenarios are possible in your transaction, engaging a solicitor from the start avoids a mid-transaction handover.

Who regulates each profession in NSW

Licensed conveyancers

Licensed conveyancers in NSW are regulated by NSW Fair Trading under the Conveyancers Licensing Act 2003 (NSW). To hold a licence, a conveyancer must complete an approved qualification, maintain professional indemnity insurance, and hold a trust account that is subject to NSW Fair Trading audit and inspection. Complaints about a licensed conveyancer are handled by NSW Fair Trading.

Solicitors

Solicitors are admitted to practise in the Supreme Court of NSW and regulated by the Law Society of NSW under the Legal Profession Uniform Law Application Act 2014 (NSW). They must hold a current practising certificate, carry professional indemnity insurance, and comply with the Legal Profession Uniform Rules. Complaints are directed to the Office of the Legal Services Commissioner (NSW).

How fees compare

For a standard residential purchase or sale, licensed conveyancers typically charge lower professional fees than solicitors. The fee gap reflects the difference in authorised scope and the additional overhead of maintaining a full legal practice, not a difference in quality of conveyancing work.

Both professionals charge disbursements in addition to their professional fee. These are the out-of-pocket costs they pay on your behalf: title searches, the section 10.7 zoning certificate, drainage diagram, strata report (if relevant), and the PEXA settlement platform fee. When comparing quotes, ask for the total cost including disbursements.

Transfer duty is a separate government charge paid directly to Revenue NSW. It is not a professional fee. For a full breakdown of buying costs including duty, see how much does conveyancing cost in NSW.

Which to choose for your transaction

The rule of thumb: a licensed conveyancer is appropriate when the transaction is a standard residential purchase or sale, the title is clean, and no legal issues outside the property transaction itself are likely to arise. A solicitor is appropriate when legal complexity is possible or already present.

Specific situations where a solicitor is the better starting point:

• Buying at auction (no cooling-off period; unconditional from the moment the hammer falls)
• Buying off-the-plan (sunset clauses, developer-side conditions, GST withholding)
• Purchasing through a trust, company, or SMSF
• A title search or pre-purchase inspection reveals something unexpected
• Family law, estate, or separation matters overlap with the transaction
• The other party is in default or you anticipate a dispute

For a standard private treaty purchase of an established house or unit, with no complicating factors, a licensed conveyancer is fully authorised to manage the transaction from contract to settlement.

How to check credentials before appointment

1. Licensed conveyancer: NSW Fair Trading administers the conveyancer licence register. The fairtrading.nsw.gov.au domain is currently mid-migration (as of mid-2026). Check the Service NSW website or contact NSW Fair Trading directly to confirm a current active licence before appointing any conveyancer.
2. Solicitor: Search the Law Society of NSW Register of Solicitors to confirm the solicitor holds a current practising certificate. The register is searchable by name and practice.
3. Whichever professional you engage, ask: Do you carry professional indemnity insurance? Who in your office handles my matter day to day? What is your process if a problem arises with the title or the other party defaults?

Frequently asked questions

Who regulates licensed conveyancers in NSW?

NSW Fair Trading regulates licensed conveyancers under the Conveyancers Licensing Act 2003 (NSW). Fair Trading issues licences, audits trust accounts, and handles complaints. Solicitors are separately regulated by the Law Society of NSW and the Office of the Legal Services Commissioner under the Legal Profession Uniform Law Application Act 2014 (NSW).

What are the specific tasks a licensed conveyancer cannot do in NSW?

A licensed conveyancer cannot give legal advice on matters outside a property transaction. This includes: advising on trust or SMSF structures, family law property matters, commercial leasing, probate or deceased-estate issues, litigation, issuing a Notice to Complete, or representing a client in any court proceedings. These tasks require a solicitor.

What professional insurance must a conveyancer or solicitor hold in NSW?

Both must hold professional indemnity insurance as a condition of practising. For licensed conveyancers, the minimum cover requirements are set under the Conveyancers Licensing Act 2003 (NSW) and NSW Fair Trading guidelines. For solicitors, cover requirements are set under the Legal Profession Uniform Law. Neither professional can legally practise without current indemnity cover. Always ask to confirm insurance status before appointment.

Can a licensed conveyancer represent me if the other party defaults on the contract?

No. If the other party defaults, or you need to issue a Notice to Complete, take steps to rescind the contract, or pursue a damages claim, you need a solicitor. A licensed conveyancer's authorised scope ends at the conveyancing tasks in the transaction; they cannot conduct litigation or give legal advice on your rights and remedies following a breach. If you are already using a conveyancer when a dispute arises, you will need to engage a solicitor at that point.

Is the legal advice a solicitor gives different from advice a conveyancer gives in NSW?

Yes, in scope. A licensed conveyancer can advise on matters that arise within the conveyancing itself: the contract, searches, settlement obligations, and transfer duty. A solicitor can advise on all of those matters, plus any legal question connected to the transaction -- family law, tax structures, estates, disputes, and commercial matters. For a routine residential purchase or sale, the practical difference is minimal; the gap widens when legal complexity enters the transaction.

How does a solicitor's scope differ from a conveyancer's under NSW legislation?

Under the Conveyancers Licensing Act 2003 (NSW), a licensed conveyancer is authorised to practise conveyancing and related property transactions. Under the Legal Profession Uniform Law Application Act 2014 (NSW), a solicitor holding a current practising certificate is authorised to engage in legal practice across any area of law, including but not limited to conveyancing. The solicitor's scope is not bounded by subject matter; the conveyancer's scope is bounded to property transactions.

Conveyancing Explained provides general information about property transactions in Australia. It is not legal advice and does not create a client relationship. For advice on your situation, engage a licensed conveyancer, settlement agent, or property solicitor in your state or territory.