Conveyancer vs solicitor in NSW: which do you need?
When buying or selling property in NSW, two types of professional can handle your conveyancing: a licensed conveyancer or a solicitor. Both are qualified to manage a standard residential transaction, but they differ in scope, cost, and what they can advise on. Here is how to decide.
Buying or selling in Victoria? The same conveyancer-vs-solicitor choice exists there too -- see who does conveyancing in Victoria.
Want the task-by-task detail rather than the general overview? See conveyancer vs solicitor NSW: who can do what, which sets out exactly which tasks each professional is authorised to perform under NSW law.
Which professional suits your situation?
Most NSW buyers and sellers can use a licensed conveyancer. A solicitor is usually needed when legal complexity goes beyond the property transaction itself.
| Situation | Who to use | Why |
|---|---|---|
| Standard residential purchase or sale (private treaty) | Either. A licensed conveyancer is usually enough and typically cheaper. | Standard contracts, clean title, and straightforward searches are within a conveyancer's full scope under the Conveyancers Licensing Act 2003. |
| Buying at auction | Solicitor preferred. | No cooling-off period. Contracts are unconditional on auction day. A solicitor can conduct a full pre-auction contract review and advise on any non-standard terms before you bid. See buying at auction in NSW. |
| Buying off-the-plan | Solicitor preferred. | Long contracts, sunset clauses, developer-side special conditions, and GST withholding obligations make legal advice beyond standard conveyancing scope important. See off-the-plan conveyancing. |
| Purchasing through a trust or SMSF | Solicitor required. | Trust and SMSF property purchases involve legal structure advice that falls outside a conveyancer's authorised scope under the Conveyancers Licensing Act 2003. Your solicitor works alongside your accountant or financial adviser. |
| Separation, divorce, or deceased estate | Solicitor required. | Family law property transfers, binding financial agreements, and grants of probate require legal advice that conveyancers cannot provide. The conveyancing work can still proceed alongside separate family law or estate advice. |
| Dispute, default, or Notice to Complete | Solicitor required. | Only a solicitor can conduct litigation or represent you in court. If the other party defaults, you need to issue a Notice to Complete, or the title is disputed, a licensed conveyancer cannot act for you in that dispute. |
This table provides general guidance only. Complex transactions may need a solicitor even for situations not listed above. Ask a professional about your specific circumstances.
Who they are and what authorises them
Licensed conveyancers
A licensed conveyancer is a specialist property professional who holds a licence issued by NSW Fair Trading under the Conveyancers Licensing Act 2003 (NSW). The licence authorises them to practise conveyancing and related property transactions only. They must hold a current licence and professional indemnity insurance, and their trust accounts are subject to NSW Fair Trading oversight.
You can check whether a conveyancer is currently licensed by searching the NSW Fair Trading licence register.
Solicitors
A solicitor (also called a lawyer) is admitted to practise in the Supreme Court of NSW and is subject to the regulation of the Law Society of NSW and the Legal Profession Uniform Law Application Act 2014 (NSW). A solicitor's scope of work is broader than a conveyancer's: they can advise on any area of law, not just property transactions.
You can check whether a solicitor holds a current practising certificate through the Law Society of NSW Find a Lawyer directory.
What each can do
For a standard residential purchase or sale, both professionals can handle the same core tasks:
- Reviewing and preparing the contract of sale
- Conducting all required property searches (title, planning, drainage, strata where relevant)
- Advising on any special conditions in the contract
- Managing the cooling-off period and exchange
- Attending to pre-settlement obligations and adjustments
- Conducting settlement on the PEXA electronic settlement platform
- Registering the transfer of title with NSW Land Registry Services
- Advising on transfer duty obligations and eligibility for exemptions
The key difference is what happens outside a standard property transaction. A licensed conveyancer is restricted to conveyancing work. They cannot give advice on:
- Family law or estate planning connected to the purchase (such as how to hold title following a separation)
- Disputes that arise from the contract (a solicitor handles litigation)
- Commercial leasing or development approvals
- Broader tax structuring beyond transfer duty
A solicitor can advise on all of these matters as well as the conveyancing itself.
How their fees compare
For a standard residential property transaction in NSW, licensed conveyancers typically charge lower professional fees than solicitors. The exact amount depends on the property value, the complexity of the contract, the number of searches required, and the practitioner's own rate structure.
What the fee covers: The professional fee covers the practitioner's time and services. It does not include disbursements (the out-of-pocket costs they pay on your behalf), which are always additional. Common disbursements include:
- Title search and certificate of title (via NSW Land Registry Services)
- Zoning certificate (section 10.7 certificate, ordered from the relevant council)
- Drainage diagram (Sydney Water or the relevant utility)
- Strata report or owners corporation certificate (for strata properties)
- PEXA settlement platform fee
- Transfer duty (paid to Revenue NSW separately and on top of professional fees)
When comparing quotes, always ask for a total figure that includes disbursements, not just the professional fee. A lower headline fee can sometimes be offset by higher disbursement pass-throughs.
See our detailed cost guide: How much does conveyancing cost in NSW?
When a licensed conveyancer is usually enough
A licensed conveyancer is typically the right choice for:
- A straightforward residential purchase or sale with a standard contract
- An established house or unit where the title is clean and the searches come back clear
- Buyers and sellers whose only legal question is about the property transaction itself
- Situations where keeping professional fees to a minimum is a priority
Most first-home buyers, upsizers, and downsizers dealing with standard private treaty sales fall into this category. If your transaction is uncomplicated, a licensed conveyancer provides the same practical outcome as a solicitor for the conveyancing work.
When a solicitor is the better choice
Consider engaging a solicitor rather than a licensed conveyancer if:
- The property has legal complications: easements, caveats, heritage overlays, building defects, unapproved structures, or title disputes.
- Your personal situation is complex: you are purchasing through a trust or SMSF, going through a separation, dealing with an estate, or need advice on how to hold title.
- The transaction is off-the-plan: long contracts, sunset clauses, and developer-side special conditions often warrant legal review beyond standard conveyancing scope.
- You are buying at auction: there is no cooling-off period; a solicitor can review the contract in detail before auction day so you know your position before you bid.
- A dispute arises: if the other party defaults, the vendor fails to disclose material facts, or you need to issue a notice to complete, only a solicitor can conduct litigation on your behalf.
- The contract requires significant negotiation: where special conditions are non-standard or the vendor's solicitor is pushing back, having a solicitor in your corner gives you broader legal leverage.
How to check credentials before appointment
Do not rely on a website or a referral alone. Before appointment:
- Licensed conveyancer: Search the NSW Fair Trading licence check to confirm a current, active licence.
- Solicitor: Search the Law Society of NSW Find a Lawyer tool to confirm a current practising certificate.
- Ask whether they carry professional indemnity insurance and what their complaint or escalation process is. Both are regulated professions with formal complaint pathways.
Questions to ask before appointing anyone
- What is your total quoted fee, including disbursements? Can you itemise the disbursements?
- Have you handled a similar transaction to mine before (off-the-plan, strata, auction)?
- Who in your office will handle my matter day to day?
- How and when will you communicate updates to me?
- What is your turnaround time for reviewing a contract once I send it to you?
- If a problem arises with the title, what is the process?
Frequently asked questions
What is the difference between a conveyancer and a solicitor in NSW?
A licensed conveyancer holds a NSW Fair Trading licence under the Conveyancers Licensing Act 2003 and is restricted to conveyancing and property transactions. A solicitor holds a practising certificate under the Legal Profession Uniform Law and can advise on any area of law, including property. For a standard residential transaction, both can do the same conveyancing work.
Is a conveyancer cheaper than a solicitor in NSW?
Generally yes, for a standard residential transaction. Licensed conveyancers tend to charge lower professional fees than solicitors because their scope is more specialised. However, both charge disbursements on top of their professional fee, so always compare total costs including searches, PEXA fees, and other out-of-pocket expenses.
When should I use a solicitor instead of a conveyancer?
Use a solicitor when your transaction or personal situation is legally complex: for example, purchasing through a trust or SMSF, dealing with a separation or estate, buying off-the-plan, buying at auction, or when the contract has unusual special conditions or title complications. A solicitor can also handle any disputes that arise, which a conveyancer cannot.
How do I check if a conveyancer is licensed in NSW?
Search the NSW Fair Trading licence register at fairtrading.nsw.gov.au to confirm the conveyancer holds a current, active licence. For solicitors, check the Law Society of NSW Find a Lawyer tool at lawsociety.com.au to confirm a current practising certificate.
Can I switch from a conveyancer to a solicitor mid-transaction in NSW?
Yes, it is legally possible to change your representative during a property transaction, but it is disruptive and should be avoided unless there is a compelling reason. Switching mid-transaction means the new solicitor needs time to review all files, correspondence, and searches already completed. If you anticipate complexity, it is better to engage a solicitor from the outset than to change after exchange. If you do need to switch, notify your original conveyancer in writing and ensure all search results, correspondence, and file notes are transferred promptly.
Do I need both a conveyancer and a solicitor in NSW?
No. You engage one or the other, not both. A solicitor can do everything a licensed conveyancer can do, plus provide legal advice on matters outside the property transaction itself (family law, estates, trust structures, disputes). If your transaction is straightforward, a licensed conveyancer handles the full process. If legal complexity is involved, a solicitor takes over the entire matter. There is no need or benefit to engaging both professionals for the same transaction.
Enjoy a same-day response
Talk to a qualified conveyancer and solicitor
Tell us about your matter and we will pass your details over to independent legal partners who can be in touch within 24 hours.